[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2226 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
1st Session
S. 2226
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2024 for military
activities of the Department of Defense for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Report on Army requirements and acquisition strategy for
night vision devices.
Sec. 112. Army plan for ensuring sources of cannon tubes.
Sec. 113. Strategy for Army tactical wheeled vehicle program.
Sec. 114. Extension and modification of annual updates to master plans
and investment strategies for Army
ammunition plants.
Sec. 115. Report on acquisition strategies of the logistics
augmentation program of the Army.
Subtitle C--Navy Programs
Sec. 121. Reduction in the minimum number of Navy carrier air wings and
carrier air wing headquarters required to
be maintained.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Multiyear procurement authority for Virginia class submarine
program.
Sec. 124. Sense of Senate on procurement of outstanding F/A-18 Super
Hornet platforms.
Subtitle D--Air Force Programs
Sec. 131. Limitations and minimum inventory requirement relating to RQ-
4 aircraft.
Sec. 132. Limitation on divestiture of T-1A training aircraft.
Sec. 133. Modification to minimum inventory requirement for A-10
aircraft.
Sec. 134. Modification to minimum requirement for total primary mission
aircraft inventory of Air Force fighter
aircraft.
Sec. 135. Modification of limitation on divestment of F-15 aircraft.
Sec. 136. Report on Air Force executive aircraft.
Sec. 137. Prohibition on certain reductions to inventory of E-3
airborne warning and control system
aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 142. Requirement to develop and implement policies to establish
the datalink strategy of the Department of
Defense.
Sec. 143. Report on contract for cybersecurity capabilities and
briefing.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Updated guidance on planning for exportability features for
future programs.
Sec. 212. Support to the Defence Innovation Accelerator for the North
Atlantic.
Sec. 213. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 214. Administration of the Advanced Sensors Application Program.
Sec. 215. Delegation of responsibility for certain research programs.
Sec. 216. Program of standards and requirements for microelectronics.
Sec. 217. Clarifying role of partnership intermediaries to promote
defense research and education.
Sec. 218. Competition for technology that detects and watermarks the
use of generative artificial intelligence.
Subtitle C--Plans, Reports, and Other Matters
Sec. 221. Department of Defense prize competitions for business systems
modernization.
Sec. 222. Update to plans and strategies for artificial intelligence.
Sec. 223. Western regional range complex demonstration.
Sec. 224. Report on feasibility and advisability of establishing a
quantum computing innovation center.
Sec. 225. Briefing on the impediments to the transition of the Semantic
Forensics program to operational use.
Sec. 226. Annual report on Department of Defense hypersonic capability
funding and investment.
Sec. 227. Limitation on availability of funds for travel for office of
Under Secretary of Defense for Personnel
and Readiness pending a plan for
modernizing Defense Travel System.
Sec. 228. Annual report on unfunded priorities for research,
development, test, and evaluation
activities.
Sec. 229. Establishment of technology transition program for strategic
nuclear deterrence.
Sec. 230. Review of artificial intelligence investment.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Requirement for approval by Under Secretary of Defense for
Acquisition and Sustainment of any waiver
for a system that does not meet fuel
efficiency key performance parameter.
Sec. 312. Improvement and codification of Sentinel Landscapes
Partnership program authority.
Sec. 313. Modification of definition of sustainable aviation fuel for
purpose of pilot program on use of such
fuel.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air
Station Moffett Field, California.
Sec. 315. Technical assistance for communities and individuals
potentially affected by releases at current
and former Department of Defense
facilities.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 321. Treatment of certain materials contaminated with
perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 322. Increase of transfer authority for funding of study and
assessment on health implications of per-
and polyfluoroalkyl substances
contamination in drinking water by Agency
for Toxic Substances and Disease Registry.
Sec. 323. Modification of authority for environmental restoration
projects at National Guard facilities.
Sec. 324. Limitation on availability of travel funds until submittal of
plan for restoring data sharing on testing
of water for perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 325. Dashboard of funding relating to perfluoroalkyl substances
and polyfluoroalkyl substances.
Sec. 326. Report on schedule and cost estimates for completion of
testing and remediation of contaminated
sites and publication of cleanup
information.
Sec. 327. Modification of timing of report on activities of PFAS Task
Force.
Sec. 328. Government Accountability Office report on testing and
remediation of perfluoroalkyl substances
and polyfluoroalkyl substances.
Subtitle D--Logistics and Sustainment
Sec. 331. Assuring Critical Infrastructure Support for Military
Contingencies Pilot Program.
Sec. 332. Strategy and assessment on use of automation and artificial
intelligence for shipyard optimization.
Subtitle E--Briefings and Reports
Sec. 341. Critical infrastructure conditions at military installations.
Sec. 342. Report on establishing sufficient stabling, pasture, and
training area for the Old Guard Caisson
Platoon equines.
Sec. 343. Quarterly briefings on operational status of amphibious
warship fleet of Department of the Navy.
Sec. 344. Briefing on plan for maintaining proficiency in emergency
movement of munitions in Joint Region
Marianas, Guam.
Subtitle F--Other Matters
Sec. 351. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and
Technical Training School.
Sec. 352. Restriction on retirement of U-28 Aircraft.
Sec. 353. Tribal liaisons.
Sec. 354. Limitation on use of funds to expand leased facilities for
the Joint Military Information Support
Operations Web Operations Center.
Sec. 355. Modifications to the Contested Logistics Working Group of the
Department of Defense.
Sec. 356. Establishment of Caisson Platoon to support military and
State funeral services.
Sec. 357. Limitation on availability of funds pending 30-year
shipbuilding plan that maintains 31
amphibious warships for the Department of
the Navy.
Sec. 358. Modification of rule of construction regarding provision of
support and services to non-Department of
Defense organizations and activities.
Sec. 359. Modifications to military aviation and installation assurance
clearinghouse for review of mission
obstructions.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Extension of additional authority to vary Space Force end
strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strength: general and flag officers on active
duty.
Sec. 502. Prohibition on appointment or nomination of certain officers
who are subject to special selection review
boards.
Sec. 503. Exclusion of officers who are licensed behavioral health
providers from limitations on active duty
commissioned officer end strengths.
Sec. 504. Updating authority to authorize promotion transfers between
components of the same service or a
different service.
Sec. 505. Effect of failure of selection for promotion.
Sec. 506. Permanent authority to order retired members to active duty
in high-demand, low-density appointments.
Sec. 507. Waiver authority expansion for the extension of service
obligation for Marine Corps cyberspace
operations officers.
Sec. 508. Removal of active duty prohibition for members of the Air
Force Reserve Policy Committee.
Sec. 509. Extension of authority to vary number of Space Force officers
considered for promotion to major general.
Sec. 510. Realignment of Navy spot-promotion quotas.
Sec. 511. Modification of limitation on promotion selection board
rates.
Sec. 512. Time in grade requirements.
Sec. 513. Flexibility in determining terms of appointment for certain
senior officer positions.
Subtitle B--Reserve Component Management
Sec. 521. Alternative promotion authority for reserve officers in
designated competitive categories.
Sec. 522. Selected Reserve and Ready Reserve order to active duty to
respond to a significant cyber incident.
Sec. 523. Mobilization of Selected Reserve for preplanned missions in
support of the combatant commands.
Sec. 524. Alternating selection of officers of the National Guard and
the Reserves as deputy commanders of
certain combatant commands.
Sec. 525. Grade of Vice Chief of the National Guard Bureau.
Subtitle C--General Service Authorities and Military Records
Sec. 531. Modification of limitation on enlistment and induction of
persons whose score on the Armed Forces
Qualification Test is below a prescribed
level.
Sec. 532. Non-medical counseling services for military families.
Sec. 533. Primacy of needs of the service in determining individual
duty assignments.
Sec. 534. Requirement to use qualifications, performance, and merit as
basis for promotions, assignments, and
other personnel actions.
Sec. 535. Requirement to base treatment in the military on merit and
performance.
Sec. 536. Tiger team for outreach to former members.
Sec. 537. Diversity, equity, and inclusion personnel grade cap.
Subtitle D--Military Justice and Other Legal Matters
Sec. 541. Establishment of staggered terms for members of the Military
Justice Review Panel.
Sec. 542. Technical and conforming amendments to the Uniform Code of
Military Justice.
Sec. 543. Annual report on initiative to enhance the capability of
military criminal investigative
organizations to prevent and combat child
sexual exploitation.
Subtitle E--Member Education, Training, Transition
Sec. 551. Future servicemember preparatory course.
Sec. 552. Determination of active duty service commitment for
recipients of fellowships, grants, and
scholarships.
Sec. 553. Military service academy professional sports pathway report
and legislative proposal required.
Sec. 554. Community college Enlisted Training Corps demonstration
program.
Sec. 555. Language training centers for members of the Armed Forces and
civilian employees of the Department of
Defense.
Sec. 556. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 557. Army Physical Fitness Test.
Sec. 558. Opt-out sharing of information on members retiring or
separating from the Armed Forces with
community-based organizations and related
entities.
Sec. 559. Establishment of program to promote participation of foreign
students in the Senior Reserve Officers'
Training Corps.
Sec. 560. Consideration of standardized test scores in military service
academy application process.
Sec. 560A. Extension of Troops for Teachers program to the Job Corps.
Subtitle F--Military Family Readiness and Dependents' Education
Sec. 561. Pilot program on recruitment and retention of employees for
child development programs.
Sec. 562. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 563. Modifications to assistance to local educational agencies
that benefit dependents of members of the
Armed Forces with enrollment changes due to
base closures, force structure changes, or
force relocations.
Sec. 564. Assistance for military spouses to obtain doula
certifications.
Subtitle G--Junior Reserve Officers' Training Corps
Sec. 571. Expansion of Junior Reserve Officers' Training Corps.
Sec. 572. JROTC program certification.
Sec. 573. Memorandum of understanding required.
Sec. 574. Junior Reserve Officers' Training Corps instructor
compensation.
Sec. 575. Annual report on allegations of sexual misconduct in JROTC
programs.
Sec. 576. Comptroller General report on efforts to increase
transparency and reporting on sexual
violence in the Junior Reserve Officers'
Training Corps Program.
Subtitle H--Decorations and Other Awards, Miscellaneous Reports and
Other Matters
Sec. 581. Extension of deadline for review of World War I valor medals.
Sec. 582. Prohibition on former members of the Armed Forces accepting
post-service employment with certain
foreign governments.
Sec. 583. Prohibition on requiring listing of gender or pronouns in
official correspondence.
Subtitle I--Enhanced Recruiting Efforts
Sec. 591. Short title.
Sec. 592. Increased access to potential recruits at secondary schools.
Sec. 593. Increased access to potential recruits at institutions of
higher education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Pay of members of reserve components for inactive-duty
training to obtain or maintain an
aeronautical rating or designation.
Sec. 602. Modification of calculation method for basic allowance for
housing to more accurately assess housing
costs of junior members of uniformed
services.
Sec. 603. Basic allowance for housing for members assigned to vessels
undergoing maintenance.
Sec. 604. Dual basic allowance for housing for training for certain
members of reserve components.
Sec. 605. Modification of calculation of gross household income for
basic needs allowance to address areas of
demonstrated need.
Sec. 606. Expansion of eligibility for reimbursement of qualified
licensure, certification, and business
relocation costs incurred by military
spouses.
Sec. 607. Cost-of-living allowance in the continental United States:
high cost areas.
Sec. 608. OCONUS cost-of-living allowance: adjustments.
Sec. 609. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 610. Review of rates of military basic pay.
Sec. 611. Government Accountability Office study on process for
determining cost-of-living allowances for
members of the uniformed services assigned
to the continental United States, Hawaii,
Alaska, and overseas locations.
Subtitle B--Bonus and Incentive Pays
Sec. 621. Modification of special and incentive pay authorities for
members of reserve components.
Sec. 622. Expansion of continuation pay eligibility.
Sec. 623. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 624. Requirement to establish remote and austere condition
assignment incentive pay program for Air
Force.
Sec. 625. Extension of travel allowance for members of the Armed Forces
assigned to Alaska.
Subtitle C--Other Matters
Sec. 631. Modification of requirements for approval of foreign
employment by retired and reserve members
of uniformed services.
Sec. 632. Restrictions on retired and reserve members of the Armed
Forces receiving employment and
compensation indirectly from foreign
governments through private entities.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of period of eligibility for health benefits under
TRICARE Reserve Select for survivors of a
member of the Selected Reserve.
Sec. 702. Authority to provide dental care for dependents located at
certain remote or isolated locations.
Sec. 703. Inclusion of assisted reproductive technology and artificial
insemination as required primary and
preventive health care services for members
of the uniformed services and dependents.
Sec. 704. Program on treatment of members of the Armed Forces for post-
traumatic stress disorder, traumatic brain
injuries, and co-occurring disorders
related to military sexual trauma.
Sec. 705. Waiver of cost-sharing for three mental health outpatient
visits for certain beneficiaries under the
TRICARE program.
Sec. 706. Expansion of doula care furnished by Department of Defense.
Sec. 707. Sense of Congress on access to mental health services through
TRICARE.
Subtitle B--Health Care Administration
Sec. 711. Increase in stipend for participants in health professions
scholarship and financial assistance
programs.
Sec. 712. Financial relief for civilians treated in military medical
treatment facilities.
Sec. 713. Department of Defense Overdose Data Act of 2023.
Sec. 714. Modification of administration of medical malpractice claims
by members of the uniformed services.
Subtitle C--Reports and Other Matters
Sec. 721. Modification of partnership program between United States and
Ukraine for military trauma care and
research.
Sec. 722. Requirement that Department of Defense disclose expert
reports with respect to medical malpractice
claims by members of the uniformed
services.
Sec. 723. Comptroller General study on impact of perinatal mental
health conditions of members of the Armed
Forces and their dependents on military
readiness and retention.
Sec. 724. Report on mental and behavioral health services provided by
Department of Defense.
Sec. 725. Report on activities of Department of Defense to prevent,
intervene, and treat perinatal mental
health conditions of members of the Armed
Forces and their dependents.
Sec. 726. Study on family planning and cryopreservation of gametes to
improve retention of members of the Armed
Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Amendments to multiyear procurement authority.
Sec. 802. Modernizing the Department of Defense requirements process.
Sec. 803. Head of Contracting Authority for Strategic Capabilities
Office.
Sec. 804. Pilot program for the use of innovative intellectual property
strategies.
Sec. 805. Focused commercial solutions openings opportunities.
Sec. 806. Study on reducing barriers to acquisition of commercial
products and services.
Sec. 807. Sense of the Senate on independent cost assessment.
Sec. 808. Emergency acquisition authority for purposes of replenishing
United States stockpiles.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Commander initiated rapid contracting actions.
Sec. 812. Extension and revisions to never contract with the enemy.
Sec. 813. Enhancement of Department of Defense capabilities to prevent
contractor fraud.
Sec. 814. Modification of approval authority for high dollar other
transaction agreements for prototypes.
Sec. 815. Modifications to Earned Value Management system requirements.
Sec. 816. Inventory of inflation and escalation indices.
Sec. 817. Pilot program to incentivize progress payments.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Preventing conflicts of interest for Department of Defense
consultants.
Sec. 820. Prohibition on requiring defense contractors to provide
information relating to greenhouse gas
emissions.
Sec. 821. Prohibition on contracts for the provision of online tutoring
services by entities owned by the People's
Republic of China.
Sec. 822. Modification of truthful cost or pricing data submissions and
report.
Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the
Department of Defense.
Subtitle C--Industrial Base Matters
Sec. 831. Defense industrial base advanced capabilities pilot program.
Sec. 832. Department of Defense notification of certain transactions.
Sec. 833. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 834. Pilot program on capital assistance to support defense
investment in the industrial base.
Sec. 835. Requirement to buy certain satellite components from national
technology and industrial base.
Sec. 836. Sense of Congress relating to rubber supply.
Subtitle D--Small Business Matters
Sec. 841. Amendments to Defense Research and Development Rapid
Innovation Program.
Sec. 842. Department of Defense Mentor-Protege Program.
Sec. 843. Consideration of the past performance of affiliate companies
of small businesses.
Sec. 844. Timely payments for Department of Defense small business
subcontractors.
Sec. 845. Extension of Pilot Program for streamlined technology
transition from the SBIR and STTR Programs
of the Department of Defense.
Sec. 846. Annual reports regarding the SBIR program of the Department
of Defense.
Sec. 847. Modifications to the Procurement Technical Assistance
Program.
Sec. 848. Extension of pilot program to incentivize contracting with
employee-owned businesses.
Sec. 849. Eliminating self-certification for service-disabled veteran-
owned small businesses.
Sec. 850. Payment of subcontractors.
Sec. 851. Increase in Governmentwide goal for participation in Federal
contracts by small business concerns owned
and controlled by service-disabled
veterans.
Sec. 852. Amendments to contracting authority for certain small
business concerns.
Subtitle E--Other Matters
Sec. 861. Limitation on the availability of funds pending a plan for
implementing the replacement for the
Selected Acquisition Reporting system.
Sec. 862. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 863. Modification of effective date for expansion on the
prohibition on acquiring certain metal
products.
Sec. 864. Foreign sources of specialty metals.
Sec. 865. University Affiliated Research Center for critical minerals.
Sec. 866. Enhanced domestic content requirement for navy shipbuilding
programs.
Sec. 867. Addition of Administrator of the Small Business
Administration to the Federal Acquisition
Regulatory Council.
Sec. 868. Modifications to rights in technical data.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Establishment of Office of Strategic Capital.
Sec. 902. Reinstatement of position of Chief Management Officer of
Department of Defense.
Sec. 903. Modification of responsibilities of Director of Cost
Assessment and Program Evaluation.
Sec. 904. Roles and responsibilities for components of Office of
Secretary of Defense for joint all-domain
command and control in support of
integrated joint warfighting.
Sec. 905. Principal Deputy Assistant Secretaries to support Assistant
Secretary of Defense for Special Operations
and Low Intensity Conflict.
Sec. 906. Modification of cross-functional team to address emerging
threat relating to directed energy
capabilities.
Sec. 907. Pilot program on protecting access to critical assets.
Sec. 908. Extension of mission management pilot program.
Sec. 909. Conforming amendments to carry out elimination of position of
Chief Management Officer.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 921. Joint Energetics Transition Office.
Sec. 922. Transition of oversight responsibility for the Defense
Technology Security Administration.
Sec. 923. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for
oversight purposes.
Sec. 924. Integration of productivity software suites for scheduling
data.
Sec. 925. Operationalizing audit readiness.
Sec. 926. Next generation business health metrics.
Sec. 927. Independent assessment of defense business enterprise
architecture.
Sec. 928. Limitation on establishment of new diversity, equity, and
inclusion positions; hiring freeze.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Annual report on budget prioritization by Secretary of
Defense and military departments.
Sec. 1003. Additional reporting requirements related to unfunded
priorities.
Sec. 1004. Sense of the Senate on need for emergency supplemental
appropriations.
Subtitle B--Counterdrug Activities
Sec. 1011. Disruption of fentanyl trafficking.
Sec. 1012. Enhanced support for counterdrug activities and activities
to counter transnational organized crime.
Sec. 1013. Modification of support for counterdrug activities and
activities to counter transnational
organized crime: increase in cap for small
scale construction projects.
Sec. 1014. Building the capacity of armed forces of Mexico to counter
the threat posed by transnational criminal
organizations.
Subtitle C--Naval Vessels
Sec. 1021. Modification of authority to purchase used vessels under the
National Defense Sealift Fund.
Sec. 1022. Amphibious warship force availability.
Sec. 1023. Prohibition on retirement of certain naval vessels.
Sec. 1024. Report on the potential for an Army and Navy joint effort
for watercraft vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds to close or
relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to the United States.
Sec. 1033. Extension of prohibition on use of funds to construct or
modify facilities in the United States to
house detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to certain countries.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain
nonimmigrant H-2B workers.
Sec. 1042. Authority to include funding requests for the chemical and
biological defense program in budget
accounts of military departments.
Sec. 1043. Unfavorable security clearance eligibility determinations
and appeals.
Sec. 1044. Assistance in support of Department of Defense accounting
for missing United States Government
personnel.
Sec. 1045. Implementation of arrangements to build transparency,
confidence, and security.
Sec. 1046. Access to and use of military post offices by United States
citizens employed overseas by the North
Atlantic Treaty Organization who perform
functions in support of military operations
of the Armed Forces.
Sec. 1047. Removal of time limitations of temporary protection and
authorization of reimbursement for security
services and equipment for former or
retired Department of Defense personnel.
Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities
required to expand accounting for persons
missing from designated past conflicts.
Sec. 1049. Access to commissary and exchange privileges for remarried
spouses.
Subtitle F--Studies and Reports
Sec. 1051. Annual report and briefing on implementation of Force Design
2030.
Sec. 1052. Plan for conversion of Joint Task Force North into Joint
Interagency Task Force North.
Sec. 1053. Report on use of tactical fighter aircraft and bomber
aircraft for deployments and homeland
defense missions.
Sec. 1054. Modifications of reporting requirements.
Sec. 1055. Report on equipping certain ground combat units with small
unmanned aerial systems.
Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030.
Sec. 1057. Strategy to achieve critical mineral supply chain
independence for the Department of Defense.
Sec. 1058. Quarterly briefing on homeland defense planning.
Sec. 1059. Special operations force structure.
Sec. 1060. Briefing on commercial tools employed by the Department of
Defense to assess foreign ownership,
control, or influence.
Sec. 1061. Plan on countering human trafficking.
Sec. 1062. Briefing and report on use and effectiveness of United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1063. Ensuring reliable supply of critical minerals.
Subtitle G--Other Matters
Sec. 1071. Matters related to irregular warfare.
Sec. 1072. Joint concept for competing implementation updates.
Sec. 1073. Limitation on certain funding until submission of the
Chairman's Risk Assessment and briefing
requirement.
Sec. 1074. Notification of safety and security concerns at certain
Department of Defense laboratories.
Sec. 1075. Assessment and recommendations relating to infrastructure,
capacity, resources, and personnel in Guam.
Sec. 1076. Program and processes relating to foreign acquisition.
Sec. 1077. Technical and conforming amendments related to the Space
Force.
Sec. 1078. Authority to establish commercial integration cells within
certain combatant commands.
Sec. 1079. Modification on limitation on funding for institutions of
higher education hosting Confucius
Institutes.
Sec. 1080. Modification of definition of domestic source for title III
of Defense Production Act of 1950.
Sec. 1081. Comprehensive strategy for talent development and management
of Department of Defense computer
programming workforce.
Sec. 1082. Limitation on availability of funds for destruction of
landmines.
Sec. 1083. Nogales wastewater improvement.
Sec. 1084. Authorization of amounts to support initiatives for mobile
mammography services for veterans.
Sec. 1085. Protection of covered sectors.
Sec. 1086. Review of agriculture-related transactions by Committee on
Foreign Investment in the United States.
Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of
2023.
Sec. 1088. Reauthorization of voluntary registry for firefighter cancer
incidence.
Sec. 1089. Requirement for unqualified opinion on financial statement.
Sec. 1090. Briefing on Air National Guard active associations.
Sec. 1090A. Informing Consumers about Smart Devices Act.
Sec. 1090B. Improving processing by Department of Veterans Affairs of
disability claims for post-traumatic stress
disorder through improved training.
Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023.
Sec. 1090D. Prohibition on provision of airport improvement grant funds
to certain entities that have violated
intellectual property rights of United
States entities.
Sec. 1090E. Conduct of winter season reconnaissance of atmospheric
rivers in the western United States.
Sec. 1090F. National Cold War Center designation.
Sec. 1090G. Semiconductor program.
Sec. 1090H. Prohibition of demand for bribe.
Sec. 1090I. Studies and reports on treatment of service of certain
members of the Armed Forces who served in
female cultural support teams.
Sec. 1090J. Global cooperative framework to end human rights abuses in
sourcing critical minerals.
Sec. 1090K. Readmission requirements for servicemembers.
Subtitle H--Drone Security
Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Prohibition on procurement of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1094. Prohibition on operation of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1095. Prohibition on use of Federal funds for procurement and
operation of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1096. Prohibition on use of Government-issued Purchase Cards to
purchase covered unmanned aircraft systems
from covered foreign entities.
Sec. 1097. Management of existing inventories of covered unmanned
aircraft systems from covered foreign
entities.
Sec. 1098. Comptroller General report.
Sec. 1099. Government-wide policy for procurement of unmanned aircraft
systems.
Sec. 1099A. State, local, and territorial law enforcement and emergency
service exemption.
Sec. 1099B. Study.
Sec. 1099C. Exceptions.
Sec. 1099D. Sunset.
Subtitle I--Radiation Exposure Compensation Act
PART I--Manhattan Project Waste
Sec. 1099AA. Claims relating to Manhattan Project waste.
PART II--Compensation for Workers Involved in Uranium Mining
Sec. 1099BB. Short title.
Sec. 1099CC. References.
Sec. 1099DD. Extension of fund.
Sec. 1099EE. Claims relating to atmospheric testing.
Sec. 1099FF. Claims relating to uranium mining.
Sec. 1099GG. Expansion of use of affidavits in determination of claims;
regulations.
Sec. 1099HH. Limitation on claims.
Sec. 1099II. Grant program on epidemiological impacts of uranium mining
and milling.
Sec. 1099JJ. Energy Employees Occupational Illness Compensation
Program.
Subtitle J--Crypto Assets
Sec. 1099AAA. Crypto asset anti-money laundering examination standards.
Sec. 1099BBB. Combating anonymous crypto asset transactions.
Subtitle K--Combating Cartels on Social Media Act of 2023
Sec. 1099AAAA. Short title.
Sec. 1099BBBB. Definitions.
Sec. 1099CCCC. Assessment of illicit usage.
Sec. 1099DDDD. Strategy to combat cartel recruitment on social media
and online platforms.
Sec. 1099EEEE. Rule of construction.
Sec. 1099FFFF. No additional funds.
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. National security councils of specified countries.
TITLE XII--CIVILIAN PERSONNEL MATTERS
Sec. 1201. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1202. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1203. Exclusion of positions in nonappropriated fund
instrumentalities from limitations on dual
pay.
Sec. 1204. Exception to limitation on number of Senior Executive
Service positions for the Department of
Defense.
Sec. 1205. Removal of Washington Headquarters Services direct support
from personnel limitation on the Office of
the Secretary of Defense.
Sec. 1206. Consolidation of direct hire authorities for candidates with
specified degrees at science and technology
reinvention laboratories.
Sec. 1207. Expansion and extension of direct hire authority for certain
personnel of the Department of Defense.
Sec. 1208. Extension of direct hire authority for the Department of
Defense for post-secondary students and
recent graduates.
Sec. 1209. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test
Facilities Base.
Sec. 1210. Authority to employ civilian faculty members at Space Force
schools.
Sec. 1211. Report and sunset relating to inapplicability of
certification of executive qualifications
by qualification review boards of Office of
Personnel Management.
Sec. 1212. Extension of date of first employment for acquisition of
competitive status for employees of
Inspectors General for overseas contingency
operations.
Sec. 1213. Expansion of noncompetitive appointment eligibility to
spouses of Department of Defense civilians.
Sec. 1214. Elimination of Government Accountability Office review
requirement relating to Department of
Defense personnel authorities.
Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows
Program.
Sec. 1216. Civilian Cybersecurity Reserve pilot project.
TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1301. Middle East integrated maritime domain awareness and
interdiction capability.
Sec. 1302. Authority to provide mission training through distributed
simulation.
Sec. 1303. Increase in small-scale construction limit and modification
of authority to build capacity.
Sec. 1304. Extension of legal institutional capacity building
initiative for foreign defense
institutions.
Sec. 1305. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1306. Extension of authority for Department of Defense support for
stabilization activities in national
security interest of the United States.
Sec. 1307. Extension of cross servicing agreements for loan of
personnel protection and personnel
survivability equipment in coalition
operations.
Sec. 1308. Limitation on availability of funds for International
Security Cooperation Program.
Sec. 1309. Modification of Department of Defense security cooperation
workforce development.
Sec. 1310. Modification of authority to provide support to certain
governments for border security operations.
Sec. 1311. Modification of Defense Operational Resilience International
Cooperation Pilot Program.
Sec. 1312. Assistance to Israel for aerial refueling.
Sec. 1313. Report on coordination with private entities and State
governments with respect to the State
Partnership Program.
Subtitle B--Matters Relating to Syria, Iraq, and Iran
Sec. 1321. Extension and modification of authority to provide
assistance to vetted Syrian groups and
individuals.
Sec. 1322. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1323. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1324. Briefing on nuclear capability of Iran.
Sec. 1325. Modification of establishment of coordinator for detained
ISIS members and relevant populations in
Syria.
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 1331. Extension and modification of Ukraine Security Assistance
Initiative.
Sec. 1332. Extension and modification of training for Eastern European
national security forces in the course of
multilateral exercises.
Sec. 1333. Extension of prohibition on availability of funds relating
to sovereignty of the Russian Federation
over internationally recognized territory
of Ukraine.
Sec. 1334. Extension and modification of temporary authorizations
related to Ukraine and other matters.
Sec. 1335. Prioritization for basing, training, and exercises in North
Atlantic Treaty Organization member
countries.
Sec. 1336. Study and report on lessons learned regarding information
operations and deterrence.
Sec. 1337. Report on progress on multi-year strategy and plan for the
Baltic Security Initiative.
Sec. 1338. Sense of the Senate on the North Atlantic Treaty
Organization.
Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for
the North Atlantic (DIANA) in the North
Atlantic Treaty Organization.
Sec. 1340. Sense of the Senate regarding the arming of Ukraine.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 1341. Indo-Pacific Campaigning Initiative.
Sec. 1342. Training, advising, and institutional capacity-building
program for military forces of Taiwan.
Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative.
Sec. 1344. Extension of Pacific Deterrence Initiative.
Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1346. Extension and modification of pilot program to improve cyber
cooperation with foreign military partners
in Southeast Asia.
Sec. 1347. Extension and modification of certain temporary
authorizations.
Sec. 1348. Plan for enhanced security cooperation with Japan.
Sec. 1349. Plan for improvements to certain operating locations in
Indo-Pacific region.
Sec. 1350. Strategy for improving posture of ground-based theater-range
missiles in Indo-Pacific region.
Sec. 1351. Enhancing major defense partnership with India.
Sec. 1352. Military cybersecurity cooperation with Taiwan.
Sec. 1353. Designation of senior official for Department of Defense
activities relating to, and implementation
plan for, security partnership among
Australia, the United Kingdom, and the
United States.
Sec. 1354. Report and notification relating to transfer of operational
control on Korean Peninsula.
Sec. 1355. Report on range of consequences of war with the People's
Republic of China.
Sec. 1356. Study and report on command structure and force posture of
United States Armed Forces in Indo-Pacific
region.
Sec. 1357. Studies on defense budget transparency of the People's
Republic of China and the United States.
Sec. 1358. Briefing on provision of security assistance by the People's
Republic of China and summary of Department
of Defense mitigation activities.
Sec. 1359. Semiannual briefings on bilateral agreements supporting
United States military posture in the Indo-
Pacific region.
Sec. 1360. Semiannual briefings on military of the People's Republic of
China.
Sec. 1361. Prohibition on use of funds to support entertainment
projects with ties to the Government of the
People's Republic of China.
Sec. 1362. Prohibition on use of funds for the Wuhan Institute of
Virology.
Sec. 1363. Audit to identify diversion of Department of Defense funding
to China's research labs.
Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc.
Sec. 1365. Assessment relating to contingency operational plan of
United States Indo-Pacific Command.
Sec. 1366. Assessment of absorptive capacity of military forces of
Taiwan.
Sec. 1367. Analysis of risks and implications of potential sustained
military blockade of Taiwan by the People's
Republic of China.
Sec. 1368. Sense of the Senate on defense alliances and partnerships in
the Indo-Pacific region.
Sec. 1369. Assessment of gifts and grants to United States institutions
of higher education from entities on the
Non-SDN Chinese Military-Industrial Complex
Companies List.
Sec. 1370. Extension of export prohibition on munitions items to the
Hong Kong Police Force.
Subtitle E--Securing Maritime Data From China
Sec. 1371. Short title.
Sec. 1372. LOGINK defined.
Sec. 1373. Countering the spread of LOGINK.
Subtitle F--Reports
Sec. 1381. Report on Department of Defense roles and responsibilities
in support of National Strategy for the
Arctic Region.
Subtitle G--Other Matters
Sec. 1391. Military intelligence collection and analysis partnerships.
Sec. 1392. Collaboration with partner countries to develop and maintain
military-wide transformational strategies
for operational energy.
Sec. 1393. Modification of support of special operations for irregular
warfare.
Sec. 1394. Modification of authority for expenditure of funds for
clandestine activities that support
operational preparation of the environment.
Sec. 1395. Modification of initiative to support protection of national
security academic researchers from undue
influence and other security threats.
Sec. 1396. Modification of authority for certain payments to redress
injury and loss.
Sec. 1397. Modification of authority for cooperation on directed energy
capabilities.
Sec. 1398. Modification of Arctic Security Initiative.
Sec. 1399. Termination of authorization of non-conventional assisted
recovery capabilities.
Sec. 1399A. Extension of prohibition on in-flight refueling to non-
United States aircraft that engage in
hostilities in the ongoing civil war in
Yemen.
Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation.
Sec. 1399C. Prohibition on delegation of authority to designate foreign
partner forces as eligible for the
provision of collective self-defense
support by United States Armed Forces.
Sec. 1399D. Participation by military departments in interoperability
programs with military forces of Australia,
Canada, New Zealand, and the United
Kingdom.
Sec. 1399E. Cooperation with allies and partners in Middle East on
development of integrated regional
cybersecurity architecture.
Sec. 1399F. Foreign Advance Acquisition Account.
Sec. 1399G. Limitation on availability of funds for travel expenses of
the Office of the Secretary of Defense.
Sec. 1399H. Plans related to rapid transfer of certain missiles and
defense capabilities.
Sec. 1399I. Ensuring peace through strength in Israel.
Sec. 1399J. Improvements to security cooperation workforce and defense
acquisition workforce.
Sec. 1399K. Modification of foreign military sales processing.
Sec. 1399L. Ending China's developing nation status.
Sec. 1399M. Sharing of information with respect to suspected violations
of intellectual property rights.
Sec. 1399N. Foreign port security assessments.
Sec. 1399O. Legal preparedness for servicemembers abroad.
Subtitle H--Limitation on Withdrawal From NATO
Sec. 1399AA. Opposition of Congress to suspension, termination,
denunciation, or withdrawal from North
Atlantic Treaty.
Sec. 1399BB. Limitation on the use of funds.
Sec. 1399CC. Notification of treaty action.
Sec. 1399DD. Authorization of Legal Counsel to represent Congress.
Sec. 1399EE. Reporting requirement.
Sec. 1399FF. Rule of construction.
Sec. 1399GG. Severability.
Sec. 1399HH. Definitions.
Subtitle I--Combating Global Corruption
Sec. 1399AAA. Short title.
Sec. 1399BBB. Definitions.
Sec. 1399CCC. Publication of tiered ranking list.
Sec. 1399DDD. Minimum standards for the elimination of corruption and
assessment of efforts to combat corruption.
Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human
Rights Accountability Act.
Sec. 1399FFF. Designation of embassy anti-corruption points of contact.
Subtitle J--International Children With Disabilities Protection
Sec. 1399AAAA. Short title.
Sec. 1399BBBB. Sense of Congress.
Sec. 1399CCCC. Definitions.
Sec. 1399DDDD. Statement of policy.
Sec. 1399EEEE. International Children with Disabilities Protection
Program and capacity building.
Sec. 1399FFFF. Annual report on implementation.
Sec. 1399GGGG. Promoting international protection and advocacy for
children with disabilities.
Subtitle K--Western Hemisphere Partnership Act of 2023
Sec. 1399AAAAA. Short title.
Sec. 1399BBBBB. United States policy in the Western Hemisphere.
Sec. 1399CCCCC. Promoting security and the rule of law in the Western
Hemisphere.
Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the
Western Hemisphere.
Sec. 1399EEEEE. Promoting economic and commercial partnerships in the
Western Hemisphere.
Sec. 1399FFFFF. Promoting transparency and democratic governance in the
Western Hemisphere.
Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin
America and the Caribbean.
Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and
confirmation of qualified ambassadors.
Sec. 1399IIIII. Western Hemisphere defined.
Sec. 1399JJJJJ. Report on efforts to capture and detain united states
citizens as hostages.
TITLE XIV--COOPERATIVE THREAT REDUCTION
Sec. 1401. Cooperative Threat Reduction funds.
TITLE XV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1501. Working capital funds.
Sec. 1502. Chemical Agents and Munitions Destruction, Defense.
Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1504. Defense Inspector General.
Sec. 1505. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1511. Recovery of rare earth elements and other strategic and
critical materials through end-of-life
equipment recycling.
Sec. 1512. Improvements to Strategic and Critical Materials Stock
Piling Act.
Sec. 1513. Authority to dispose of materials from the National Defense
Stockpile.
Sec. 1514. Beginning balances of the National Defense Stockpile
Transaction Fund for audit purposes.
Subtitle C--Other Matters
Sec. 1521. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1522. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1523. Modification of leasing authority of Armed Forces Retirement
Home.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Acquisition strategy for Phase 3 of the National Security
Space Launch program.
Sec. 1602. Initial operating capability for Advanced Tracking and
Launch Analysis System and system-level
review.
Sec. 1603. Department of the Air Force responsibility for space-based
ground and airborne moving target
indication.
Sec. 1604. Principal Military Deputy for Space Acquisition and
Integration.
Sec. 1605. Use of middle tier acquisition authority for Space
Development Agency acquisition program.
Sec. 1606. Special authority for provision of commercial space launch
support services.
Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency,
Modifications, and Improvements program as
acquisition category 1D program.
Sec. 1608. Briefing on classification practices and foreign disclosure
policies required for combined space
operations.
Sec. 1609. Limitation on availability of certain funds relating to
selection of permanent location for
headquarters of United States Space
Command.
Subtitle B--Nuclear Forces
Sec. 1611. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1612. Sentinel intercontinental ballistic missile program silo
activity.
Sec. 1613. Matters relating to the acquisition and deployment of the
Sentinel intercontinental ballistic missile
weapon system.
Sec. 1614. Plan for decreasing the time to upload additional warheads
to the intercontinental ballistic missile
fleet.
Sec. 1615. Tasking and oversight authority with respect to
intercontinental ballistic missile site
activation task force for Sentinel Program.
Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system.
Sec. 1617. Sense of Senate on Polaris Sales Agreement.
Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise
missile.
Sec. 1619. Operational timeline for Strategic Automated Command and
Control System.
Sec. 1620. Amendment to annual report on the plan for the nuclear
weapons stockpile, nuclear weapons complex,
nuclear weapons delivery systems, and
nuclear weapons command and control
systems.
Sec. 1621. Technical amendment to additional report matters on
strategic delivery systems.
Sec. 1622. Amendment to study of weapons programs that allow Armed
Forces to address hard and deeply buried
targets.
Sec. 1623. Limitation on use of funds until provision of Department of
Defense information to Government
Accountability Office.
Sec. 1624. Monitoring Iranian enrichment.
Subtitle C--Missile Defense
Sec. 1631. Designation of official responsible for missile defense of
Guam.
Sec. 1632. Selection of a Director of the Missile Defense Agency.
Sec. 1633. Modification of requirement for Comptroller General of the
United States review and assessment of
missile defense acquisition programs.
Sec. 1634. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-
development and co-production.
Sec. 1635. Modification of scope of program accountability matrices
requirements for next generation
interceptors for missile defense of the
United States homeland.
Sec. 1636. Limitation on availability of funds for Office of Cost
Assessment and Program Evaluation until
submission of missile defense roles and
responsibilities report.
Sec. 1637. Integrated air and missile defense architecture for the
Indo-Pacific region.
Sec. 1638. Modification of National Missile Defense policy.
Subtitle D--Other Matters
Sec. 1641. Electronic warfare.
Sec. 1642. Study on the future of the Integrated Tactical Warning
Attack Assessment System.
Sec. 1643. Comprehensive review of electronic warfare test ranges and
future capabilities.
Sec. 1644. Extension of authorization for protection of certain
facilities and assets from unmanned
aircraft.
Sec. 1645. Addressing serious deficiencies in electronic protection of
systems that operate in the radio frequency
spectrum.
Sec. 1646. Funding limitation on certain unreported programs.
Sec. 1647. Revision of Secretary of Defense authority to engage in
commercial activities as security for
intelligence collection activities.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
Sec. 1701. Measures to enhance the readiness and effectiveness of the
Cyber Mission Force.
Sec. 1702. Cyber intelligence center.
Sec. 1703. Performance metrics for pilot program for sharing cyber
capabilities and related information with
foreign operational partners.
Sec. 1704. Next generation cyber red teams.
Sec. 1705. Management of data assets by Chief Digital Officer.
Sec. 1706. Authority for countering illegal trafficking by Mexican
transnational criminal organizations in
cyberspace.
Sec. 1707. Pilot program for cybersecurity collaboration center
inclusion of semiconductor manufacturers.
Sec. 1708. Independent evaluation regarding potential establishment of
United States Cyber Force and further
evolution of current model for management
and execution of cyber mission.
Subtitle B--Matters Relating to Department of Defense Cybersecurity and
Information Technology
Sec. 1711. Requirements for deployment of fifth generation information
and communications capabilities to
Department of Defense bases and facilities.
Sec. 1712. Department of Defense information network boundary and
cross-domain defense.
Sec. 1713. Policy and guidance on memory-safe software programming.
Sec. 1714. Development of regional cybersecurity strategies.
Sec. 1715. Cyber incident reporting.
Sec. 1716. Management by Department of Defense of mobile applications.
Sec. 1717. Security enhancements for the nuclear command, control, and
communications network.
Sec. 1718. Guidance regarding securing laboratories of the Armed
Forces.
Sec. 1719. Establishing Identity, Credential, and Access Management
initiative as a program of record.
Sec. 1720. Strategy on cybersecurity resiliency of Department of
Defense space enterprise.
Sec. 1721. Requirements for implementation of user activity monitoring
for cleared personnel and operational and
information technology administrators and
other privileged users.
Sec. 1722. Department of Defense digital content provenance.
Sec. 1723. Post-graduate employment of Cyber Service Academy
scholarship recipients in intelligence
community.
Sec. 1724. Minimum number of scholarships to be awarded annually
through Cyber Service Academy.
Sec. 1725. Control and management of Department of Defense data and
establishment of Chief Digital and
Artificial Intelligence Officer Governing
Council.
Sec. 1726. Requirement to support for cyber education and workforce
development at institutions of higher
learning.
Sec. 1727. Improvements relating to cyber protection support for
Department of Defense personnel in
positions highly vulnerable to cyber
attack.
Sec. 1728. Comptroller General report on efforts to protect personal
information of Department of Defense
personnel from exploitation by foreign
adversaries.
TITLE XVIII--SPACE FORCE PERSONNEL MANAGEMENT
Sec. 1801. Short title.
Sec. 1802. Space Force Personnel Management Act transition plan.
Sec. 1803. Comprehensive assessment of Space Force equities in the
National Guard.
Subtitle A--Space Force Military Personnel System Without Component
Sec. 1811. Establishment of military personnel management system for
the Space Force.
Sec. 1812. Composition of the Space Force without component.
Sec. 1813. Definitions for single personnel management system for the
Space Force.
Sec. 1814. Basic policies relating to service in the Space Force.
Sec. 1815. Status and participation.
Sec. 1816. Officers.
Sec. 1817. Enlisted members.
Sec. 1818. Retention and separation generally.
Sec. 1819. Separation of officers for substandard performance of duty
or for certain other reasons.
Sec. 1820. Retirement.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
Sec. 1831. Amendments to Department of the Air Force provisions of
title 10, United States Code.
Sec. 1832. Amendments to subtitle A of title 10, United States Code.
Sec. 1833. Title 38, United States Code (veterans' benefits).
Subtitle C--Transition Provisions
Sec. 1841. Transition period.
Sec. 1842. Change of duty status of members of the Space Force.
Sec. 1843. Transfer to the Space Force of members of the Air Force
Reserve and the Air National Guard.
Sec. 1844. Placement of officers on the Space Force officer list.
Sec. 1845. Disestablishment of regular Space Force.
Sec. 1846. End strength flexibility.
Sec. 1847. Promotion authority flexibility.
Subtitle D--Other Amendments Related to the Space Force
Sec. 1851. Title 10, United States Code.
Sec. 1852. Other provisions of law.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to use cash payments in special
account from land conveyance, Natick
Soldier Systems Center, Massachusetts.
Sec. 2105. Extension of authority to carry out fiscal year 2018 project
at Kunsan Air Base, Korea.
Sec. 2106. Extension of authority to carry out certain fiscal year 2019
projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021
projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019
projects.
Sec. 2205. Extension of authority to carry out certain fiscal year 2021
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019
projects.
Sec. 2307. Extension of authority to carry out certain fiscal year 2021
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2405. Extension and modification of authority to carry out certain
fiscal year 2019 projects.
Sec. 2406. Extension of authority to carry out certain fiscal year 2021
projects.
Sec. 2407. Additional authority to carry out certain fiscal year 2022
projects.
Sec. 2408. Additional authority to carry out certain fiscal year 2023
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project
at Hulman Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out fiscal year 2019 project
at Francis S. Gabreski Airport, New York.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021
projects.
Sec. 2610. Modification of authority to carry out fiscal year 2022
project at Nickell Memorial Armory, Kansas.
Sec. 2611. Modification of authority to carry out fiscal year 2023
project at Camp Pendleton, California.
Sec. 2612. Authority to conduct restoration and modernization projects
at the First City Troop Readiness Center in
Philadelphia, Pennsylvania.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo
County, Colorado.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Authority for Indo-Pacific posture military construction
projects.
Sec. 2802. Ordering authority for maintenance, repair, and construction
of facilities of Department of Defense.
Sec. 2803. Application of area construction cost indices outside the
United States.
Sec. 2804. Authorization of cost-plus incentive-fee contracting for
military construction projects to mitigate
risk to the Sentinel Program schedule and
cost.
Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to
Barry M. Goldwater range.
Sec. 2806. Authority to lease land parcel for hospital and medical
campus, Barrigada Transmitter Site, Guam.
Sec. 2807. Revision to access and management of Air Force memorial.
Sec. 2808. Development and operation of the Marine Corps Heritage
Center and the National Museum of the
Marine Corps.
Sec. 2809. Authority for acquisition of real property interest in park
land owned by the Commonwealth of Virginia.
Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort
Meade, Maryland, or another appropriate
location.
Sec. 2811. Temporary expansion of authority for use of one-step turn-
key selection procedures for repair
projects.
Sec. 2812. Modification of temporary increase of amounts in connection
with authority to carry out unspecified
minor military construction.
Sec. 2813. Pilot program on replacement of substandard enlisted
barracks.
Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program
to include installations of the Coast
Guard.
Sec. 2815. Modification of pilot program on increased use of
sustainable building materials in military
construction.
Subtitle B--Military Housing
PART I--Military Unaccompanied Housing
Sec. 2821. Uniform condition index for military unaccompanied housing.
Sec. 2822. Certification of habitability of military unaccompanied
housing.
Sec. 2823. Maintenance work order management process for military
unaccompanied housing.
Sec. 2824. Expansion of uniform code of basic standards for military
housing to include military unaccompanied
housing.
Sec. 2825. Oversight of military unaccompanied housing.
Sec. 2826. Elimination of flexibilities for adequacy or construction
standards for military unaccompanied
housing.
Sec. 2827. Design standards for military unaccompanied housing.
Sec. 2828. Termination of habitability standard waivers and assessment
and plan with respect to military
unaccompanied housing.
Sec. 2829. Requirement for security cameras in common areas and entry
points of military unaccompanied housing.
Sec. 2830. Annual report on military unaccompanied housing.
PART II--Privatized Military Housing
Sec. 2841. Improvements to privatized military housing.
Sec. 2842. Implementation of Comptroller General Recommendations
relating to strengthening oversight of
privatized military housing.
Sec. 2843. Treatment of nondisclosure agreements with respect to
privatized military housing.
PART III--Other Housing Matters
Sec. 2851. Department of Defense Military Housing Readiness Council.
Sec. 2852. Inclusion in annual status of forces survey of questions
regarding living conditions of members of
the Armed Forces.
Subtitle C--Land Conveyances
Sec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center,
Wheeling, West Virginia.
Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center,
New Martinsville, West Virginia.
Subtitle D--Other Matters
Sec. 2871. Authority to conduct energy resilience and conservation
projects at installations where non-
Department of Defense funded energy
projects have occurred.
Sec. 2872. Limitation on authority to modify or restrict public access
to Greenbury Point Conservation Area at
Naval Support Activity Annapolis, Maryland.
Sec. 2873. Authorization for the Secretary of the Navy to resolve the
electrical utility operations at Former
Naval Air Station Barbers Point (currently
known as ``Kalaeloa''), Hawaii.
Sec. 2874. Clarification of other transaction authority for
installation or facility prototyping.
Sec. 2875. Requirement that Department of Defense include military
installation resilience in real property
management and installation master planning
of Department.
Sec. 2876. Increase of limitation on fee for architectural and
engineering services procured by military
departments.
Sec. 2877. Requirement that all material types be considered for
design-bid-build military construction
projects.
Sec. 2878. Continuing education curriculum for members of the military
construction planning and design workforce
and acquisition workforce of the Department
of Defense.
Sec. 2879. Guidance on Department of Defense-wide standards for access
to installations of the Department.
Sec. 2880. Deployment of existing construction materials.
Sec. 2881. Technical corrections.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B-- Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on use of funds for naval nuclear fuel systems
based on low-enriched uranium.
Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit
per year base capability.
Sec. 3113. Plutonium Modernization Program management.
Sec. 3114. Pantex explosives manufacturing capability.
Sec. 3115. Limitation on establishing an enduring bioassurance program
within the National Nuclear Security
Administration.
Sec. 3116. Extension of authority on acceptance of contributions for
acceleration or removal or security of
fissile materials, radiological materials,
and related equipment at vulnerable sites
worldwide.
Sec. 3117. Modification of reporting requirements for program on
vulnerable sites.
Sec. 3118. Implementation of enhanced mission delivery initiative.
Sec. 3119. Limitation on use of funds until provision of spend plan for
W80-4 ALT weapon development.
Sec. 3120. Analyses of nuclear programs of foreign countries.
Sec. 3121. Enhancing National Nuclear Security Administration supply
chain reliability.
Sec. 3122. Transfer of cybersecurity responsibilities to Administrator
for Nuclear Security.
Sec. 3123. Redesignating duties related to departmental radiological
and nuclear incident responses.
Sec. 3124. Modification of authority to establish certain contracting,
program management, scientific,
engineering, and technical positions.
Sec. 3125. Technical amendments to the Atomic Energy Defense Act.
Sec. 3126. Amendment to period for briefing requirements.
Sec. 3127. Repeal of reporting requirements for Uranium Capabilities
Replacement Project.
Subtitle C--Budget and Financial Management Matters
Sec. 3131. Updated financial integration policy.
Subtitle D--Other Matters
Sec. 3141. Integration of technical expertise of Department of Energy
into policymaking.
Sec. 3142. Amendments to the Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3143. Prohibition on sales of petroleum products from the
Strategic Petroleum Reserve to certain
countries.
Sec. 3144. U.S. nuclear fuel security initiative.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. PROCUREMENT.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. OPERATION AND MAINTENANCE.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. MILITARY PERSONNEL.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. OTHER AUTHORIZATIONS.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. MILITARY CONSTRUCTION.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle D--Air Force Programs
Sec. 5131. Inventory of C-130 aircraft.
Sec. 5132. Extension of prohibition on certain reductions to B-1 bomber
aircraft squadrons.
Sec. 5133. Prohibition on divestment of F-15E aircraft.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 5201. Application of public-private talent exchange programs in
the Department of Defense to quantum
information sciences and technology
research.
Sec. 5202. Briefing on Science, Mathematics, and Research for
Transformation (SMART) Defense Education
Program.
Sec. 5203. Improvements to defense quantum information science and
technology research and development
program.
Sec. 5204. Improvements to National Quantum Initiative Program.
Sec. 5205. Annual review of status of implementation plan for digital
engineering career tracks.
Sec. 5206. Rapid response to emergent technology advancements or
threats.
TITLE LIII--OPERATION AND MAINTENANCE
Subtitle A--Briefings and Reports
Sec. 5341. Report by Department of Defense on alternatives to burn
pits.
TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle C--Other Matters
Sec. 5631. Modifications to transitional compensation for dependents of
members separated for dependent abuse.
Sec. 5632. Report on effect of phase-out of reduction of survivor
benefit plan survivor annuities by amount
of dependency and indemnity compensation.
TITLE LVII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 5701. Expansion of eligibility for hearing aids to include
children of certain retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 5711. Modification of requirement to transfer research and
development and public health functions to
Defense Health Agency.
Subtitle C--Reports and Other Matters
Sec. 5721. Report on military mental health care referral policies.
Sec. 5722. Comptroller General study on biomedical research and
development funded by Department of
Defense.
Sec. 5723. Report on provision of mental health services via telehealth
to members of the Armed Forces and their
dependents.
Sec. 5724. Expansion of doula care furnished by Department of Defense.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle D--Small Business Matters
Sec. 5841. Competition of small business concerns for Department of
Defense contracts.
Subtitle E--Other Matters
Sec. 5851. Briefing on the redesignation of National Serial Number
(NSN) parts as proprietary.
TITLE LX--OTHER MATTERS
Subtitle D--Counterterrorism
Sec. 6031. Establishing a coordinator for countering Mexico's criminal
cartels.
Subtitle F--Studies and Reports
Sec. 6051. Report on food purchasing by the Department of Defense.
Subtitle G--Other Matters
Sec. 6071. Improvements to Department of Veterans Affairs-Department of
Defense Joint Executive Committee.
Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico.
Sec. 6073. Modification of compensation for members of the Afghanistan
War Commission.
Sec. 6074. Red Hill health impacts.
Sec. 6075. Permanent authorization of Undetectable Firearms Act of
1988.
Sec. 6076. Sense of Congress on the importance of non-governmental
recognition of military enlistees to
improve community support for military
recruitment.
Sec. 6077. Adjustment of threshold amount for minor medical facility
projects of Department of Veterans Affairs.
Sec. 6078. Designation of National Museum of the Mighty Eighth Air
Force.
Sec. 6079. Revision of requirement for transfer of certain aircraft to
State of California for wildfire
suppression purposes.
Sec. 6080. Extension of active duty term for Attending Physician at
United States Capitol.
Sec. 6081. Disclosures by directors, officers, and principal
stockholders.
Sec. 6082. Preventing Child Sex Abuse.
Sec. 6083. Senate National Security Working Group.
Sec. 6084. Recognition as corporation and grant of Federal charter for
National American Indian Veterans,
Incorporated.
Subtitle H--Granting Recognition to Accomplished Talented Employees for
Unwavering Loyalty Act
Sec. 6091. Short title.
Sec. 6092. Findings; sense of Congress.
Sec. 6093. Visa availability for Government Employee Immigrant Visa
program.
Subtitle I--Additional Matters Relating to Artificial Intelligence
Sec. 6096. Report on artificial intelligence regulation in financial
services industry.
Sec. 6097. Artificial intelligence bug bounty programs.
Sec. 6098. Vulnerability analysis study for artificial intelligence-
enabled military applications.
Sec. 6099. Report on data sharing and coordination.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 6231. Black Sea security and development strategy.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 6241. Sense of Congress on the renewal of the Compacts of Free
Association with the Republic of Palau, the
Federated States of Micronesia, and the
Republic of the Marshall Islands.
Sec. 6242. Eligibility of Taiwan for the strategic trade authorization
exception to certain export control
licensing requirements.
Sec. 6243. Audit to identify diversion of Department of Defense funding
to China's research labs.
Subtitle G--Other Matters
Sec. 6291. Sense of the Senate on digital trade and the digital
economy.
Sec. 6292. Assessment of certain United States-origin technology used
by foreign adversaries.
Sec. 6293. Virginia class submarine transfer certification.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle B--Nuclear Forces
Sec. 6511. Annual report on development of long-range stand-off weapon.
TITLE LXVIII--FEND OFF FENTANYL ACT
Sec. 6801. Short title.
Sec. 6802. Sense of Congress.
Sec. 6803. Definitions.
Subtitle A--Sanctions Matters
PART I--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
Sec. 6811. Finding; policy.
Sec. 6812. Use of national emergency authorities; reporting.
Sec. 6813. Codification of Executive order imposing sanctions with
respect to foreign persons involved in
global illicit drug trade.
Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking
by transnational criminal organizations.
Sec. 6815. Penalties; waivers; exceptions.
Sec. 6816. Treatment of forfeited property of transnational criminal
organizations.
PART II--Other Matters
Sec. 6821. Ten-year statute of limitations for violations of sanctions.
Sec. 6822. Classified report and briefing on staffing of Office of
Foreign Assets Control.
Sec. 6823. Report on drug transportation routes and use of vessels with
mislabeled cargo.
Sec. 6824. Report on actions of People's Republic of China with respect
to persons involved in fentanyl supply
chain.
Subtitle B--Anti-Money Laundering Matters
Sec. 6831. Designation of illicit fentanyl transactions of sanctioned
persons as of primary money laundering
concern.
Sec. 6832. Treatment of transnational criminal organizations in
suspicious transactions reports of the
Financial Crimes Enforcement Network.
Sec. 6833. Report on trade-based money laundering in trade with Mexico,
the People's Republic of China, and Burma.
Subtitle C--Exception Relating to Importation of Goods
Sec. 6841. Exception relating to importation of goods.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle B--Military Housing
PART III--Other Housing Matters
Sec. 7851. Report on plan to replace houses at Fort Leonard Wood.
Subtitle D--Other Matters
Sec. 7881. Study on impact on members of the Armed Forces and
dependents of construction projects that
affect quality of life.
Sec. 7882. Modification of pilot program on establishment of account
for reimbursement for use of testing
facilities at installations of the
Department of the Air Force.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle D--Other Matters
Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for
Clean Energy.
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all
Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Increased accountability in assignment restrictions and
reviews.
Sec. 6109. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6110. Diplomatic security fellowship programs.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program.
Sec. 6207. Consideration of career civil servants as chiefs of
missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by
Department.
Sec. 6212. Efforts to improve retention and prevent retaliation.
Sec. 6213. National advertising campaign.
Sec. 6214. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign
Service.
Sec. 6223. Improving mental health services for foreign and civil
servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission
personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff
during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State
employees located in United States
territories.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer
of the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the
Department of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to
cyber attack.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Resources for United States nationals unlawfully or
wrongfully detained abroad.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6503. Chief of mission economic responsibilities.
Sec. 6504. Direction to embassy deal teams.
Sec. 6505. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Internships of United States nationals at international
organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Modification to transparency on international agreements and
non-binding instruments.
Sec. 6704. Report on partner forces utilizing United States security
assistance identified as using hunger as a
weapon of war.
Sec. 6705. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6706. Special envoys.
Sec. 6707. US-ASEAN Center.
Sec. 6708. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6709. Modification and repeal of reports.
Sec. 6710. Modification of Build Act of 2018 to prioritize projects
that advance national security.
Sec. 6711. Permitting for international bridges.
TITLE LXVIII--AUKUS MATTERS
Sec. 6801. Definitions.
Subtitle A--Outlining the AUKUS Partnership
Sec. 6811. Statement of policy on the AUKUS partnership.
Sec. 6812. Senior Advisor for the AUKUS partnership at the Department
of State.
Subtitle B--Authorization for AUKUS Submarine Training
Sec. 6823. Australia, United Kingdom, and United States submarine
security training.
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
Sec. 6831. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 6832. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the
United Kingdom through Foreign Military
Sales and Direct Commercial Sales.
Sec. 6833. Export control exemptions and standards.
Sec. 6834. Expedited review of export licenses for exports of advanced
technologies to Australia, the United
Kingdom, and Canada.
Sec. 6835. United States Munitions List.
Subtitle D--Other AUKUS Matters
Sec. 6841. Reporting related to the AUKUS partnership.
DIVISION G--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
Sec. 9001. Short title.
Sec. 9002. Findings, declarations, and purposes.
Sec. 9003. Definitions.
Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the
National Archives and Records
Administration.
Sec. 9005. Review, identification, transmission to the National
Archives, and public disclosure of
unidentified anomalous phenomena records by
Government offices.
Sec. 9006. Grounds for postponement of public disclosure of
unidentified anomalous phenomena records.
Sec. 9007. Establishment and powers of the Unidentified Anomalous
Phenomena Records Review Board.
Sec. 9008. Unidentified Anomalous Phenomena Records Review Board
personnel.
Sec. 9009. Review of records by the Unidentified Anomalous Phenomena
Records Review Board.
Sec. 9010. Disclosure of recovered technologies of unknown origin and
biological evidence of non-human
intelligence.
Sec. 9011. Disclosure of other materials and additional study.
Sec. 9012. Rules of construction.
Sec. 9013. Termination of effect of division.
Sec. 9014. Authorization of appropriations.
Sec. 9015. Severability.
DIVISION H--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
Sec. 10001. Short title.
Sec. 10002. Appointment and term of service of Architect of the
Capitol.
Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in
Architect or Deputy Architect.
Sec. 10004. Deputy Architect of the Capitol to serve as acting in case
of absence, disability, or vacancy.
DIVISION I--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS
Sec. 11001. Short title.
Sec. 11002. Enhanced protection against debt collector harassment of
servicemembers.
Sec. 11003. GAO study.
DIVISION J--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2023
Sec. 11001. Short title.
Sec. 11002. Consolidation of environmental review requirements.
Sec. 11003. Authorization of appropriations.
Sec. 11004. Student housing assistance.
Sec. 11005. Application of rent rule only to units owned or operated by
Indian tribe or tribally designated housing
entity.
Sec. 11006. De minimis exemption for procurement of goods and services.
Sec. 11007. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 11008. Lease requirements and tenant selection.
Sec. 11009. Indian Health Service.
Sec. 11010. Statutory authority to suspend grant funds in emergencies.
Sec. 11011. Reports to Congress.
Sec. 11012. 99-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 11013. Amendments for block grants for affordable housing
activities.
Sec. 11014. Reauthorization of Native Hawaiian homeownership
provisions.
Sec. 11015. Total development cost maximum project cost.
Sec. 11016. Community-based development organizations and special
activities by Indian Tribes.
Sec. 11017. Section 184 Indian Home Loan Guarantee program.
Sec. 11018. Loan guarantees for Native Hawaiian housing.
Sec. 11019. Drug elimination program.
Sec. 11020. Rental assistance for homeless or at-risk Indian veterans.
Sec. 11021. Continuum of care.
Sec. 11022. Leveraging.
DIVISION K--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT
OF 2023
Sec. 11001. Short title.
Sec. 11002. Purposes.
Sec. 11003. Definitions.
Sec. 11004. Ratification of Compact.
Sec. 11005. Tribal water rights.
Sec. 11006. Exchange and transfer of land.
Sec. 11007. Storage allocation from Lake Elwell.
Sec. 11008. Milk River Project mitigation.
Sec. 11009. Fort Belknap Indian Irrigation Project System.
Sec. 11010. Satisfaction of claims.
Sec. 11011. Waivers and releases of claims.
Sec. 11012. Aaniiih Nakoda Settlement Trust Fund.
Sec. 11013. Fort Belknap Indian Community Water Settlement
Implementation Fund.
Sec. 11014. Funding.
Sec. 11015. Miscellaneous provisions.
Sec. 11016. Antideficiency.
DIVISION L--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY
Subtitle A--Federal Data Center Enhancement Act of 2023
Sec. 11001. Short title.
Sec. 11002. Federal Data Center Consolidation Initiative Amendments.
TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS
Subtitle A--Enhancing DHS Drug Seizures Act
Sec. 11101. Short title.
Sec. 11102. Coordination and information sharing.
Sec. 11103. Danger pay for Department of Homeland Security personnel
deployed abroad.
Sec. 11104. Improving training to foreign-vetted law enforcement or
national security units.
Sec. 11105. Enhancing the operations of U.S. Customs and Border
Protection in foreign countries.
Sec. 11106. Drug seizure data improvement.
Sec. 11107. Drug performance measures.
Sec. 11108. Penalties for hindering immigration, border, and customs
controls.
Subtitle B--Non-Intrusive Inspection Expansion Act
Sec. 11111. Short title.
Sec. 11112. Use of non-intrusive inspection systems at land ports of
entry.
Sec. 11113. Non-intrusive inspection systems for outbound inspections.
Sec. 11114. GAO review and report.
Subtitle C--Securing America's Ports of Entry Act of 2023
Sec. 11121. Short title.
Sec. 11122. Additional U.S. Customs and Border Protection personnel.
Sec. 11123. Ports of entry infrastructure enhancement report.
Sec. 11124. Reporting requirements.
Sec. 11125. Authorization of appropriations.
Subtitle D--Border Patrol Enhancement Act
Sec. 11131. Short title.
Sec. 11132. Authorized staffing level for the United States Border
Patrol.
Sec. 11133. Establishment of higher rates of regularly scheduled
overtime pay for United States Border
Patrol agents classified at GS-12.
Sec. 11134. GAO assessment of recruiting efforts, hiring requirements,
and retention of law enforcement personnel.
Sec. 11135. Continuing training.
Sec. 11136. Reporting requirements.
Subtitle E--END FENTANYL Act
Sec. 11141. Short titles.
Sec. 11142. Ensuring timely updates to U.S. Customs and Border
Protection field manuals.
TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS
Subtitle A--Lobbying Disclosure Improvement Act
Sec. 11201. Short title.
Sec. 11202. Registrant disclosure regarding foreign agent registration
exemption.
Subtitle B--Disclosing Foreign Influence in Lobbying Act
Sec. 11211. Short title.
Sec. 11212. Clarification of contents of registration.
TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN
Subtitle A--Government-wide Study Relating to High-security Leased
Space
Sec. 11301. Government-wide study.
Subtitle B--Intergovernmental Critical Minerals Task Force
Sec. 11311. Short title.
Sec. 11312. Findings.
Sec. 11313. Intergovernmental critical minerals task force.
Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program
Act of 2023
Sec. 11321. Short title.
Sec. 11322. Definitions.
Sec. 11323. Pilot program on participation of third-party logistics
providers in ctpat.
Sec. 11324. Report on effectiveness of CTPAT.
Sec. 11325. No additional funds authorized.
Subtitle D--Military Spouse Employment Act
Sec. 11331. Short title.
Sec. 11332. Appointment of military spouses.
Sec. 11333. GAO study and report.
Subtitle E--Designation of Airports
Sec. 11341. Designation of additional port of entry for the importation
and exportation of wildlife and wildlife
products by the United States Fish and
Wildlife Service.
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging
technologies.
Sec. 302. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 303. In-State tuition rates for active duty members of the
intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security
Center.
Sec. 307. Prohibition relating to transport of individuals detained at
United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk
assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau
of Investigation Richmond, Virginia, field
office of certain document.
Sec. 311. Office of Intelligence and Analysis.
Subtitle B--Central Intelligence Agency
Sec. 321. Change to penalties and increased availability of mental
health treatment for unlawful conduct on
Central Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard
workplace sexual misconduct complaint
investigation procedure.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of
China.
Sec. 402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by
intelligence community working group for
monitoring the economic and technological
capabilities of the People's Republic of
China.
Sec. 404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of
China.
Sec. 405. Annual briefing on intelligence community efforts to identify
and mitigate Chinese Communist Party and
Russian foreign malign influence operations
against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Subtitle B--Other Foreign Countries
Sec. 411. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 501. Assignment of detailees from intelligence community to
Department of Commerce.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of
China.
Sec. 512. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
TITLE VI--WHISTLEBLOWER MATTERS
Sec. 601. Submittal to Congress of complaints and information by
whistleblowers in the intelligence
community.
Sec. 602. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Sec. 603. Establishing process parity for adverse security clearance
and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and
access determinations.
Sec. 605. Modification and repeal of reporting requirements.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.
Subtitle B--Sensible Classification Act of 2023
Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and
declassification.
Sec. 719. Studies and recommendations on necessity of security
clearances.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 801. Review of shared information technology services for
personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified
information solely because of past use of
cannabis.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries
to the brain.
Sec. 902. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling
of anomalous health incidents.
TITLE X--ELECTION SECURITY
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act
of 2023.
TITLE XI--OTHER MATTERS
Sec. 1101. Modification of reporting requirement for All-domain Anomaly
Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous
phenomena.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act is as
follows:
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. REPORT ON ARMY REQUIREMENTS AND ACQUISITION STRATEGY FOR
NIGHT VISION DEVICES.
(a) Report Required.--Not later than February 29, 2024, the
Secretary of the Army shall submit to the congressional defense
committees a report on night vision devices.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) An identification of the specific capabilities the Army
is seeking to achieve in night vision.
(2) An identification of the capabilities in night vision
required by unit, including the number and type of units for
each capability.
(3) An identification of the total requirement for night
vision devices in the Army, disaggregated by number and type of
unit.
(4) A description of the acquisition strategy of the Army
for achieving the capabilities described in paragraph (1),
including a description of each of the following:
(A) The acquisition objective for each type of
night vision device.
(B) The programmed purchase quantities for night
vision devices required each year.
(C) The contract type of each procurement of night
vision devices.
(D) The expected date for achieving the
capabilities.
(E) The industrial base constraints on each type of
night vision device.
(F) The modernization plan for each type of night
vision device.
SEC. 112. ARMY PLAN FOR ENSURING SOURCES OF CANNON TUBES.
(a) Updated Assessment.--The Secretary of the Army shall update the
assessment of the Secretary on the sufficiency of the development,
production, procurement, and modernization of the defense industrial
base for cannon and large caliber weapons tubes.
(b) Submittal to Congress.--Not later than February 29, 2024, the
Secretary shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives an
update to the report submitted to Congress in March 2022 entitled
``Army Plan for Ensuring Sources of Cannon Tubes''.
SEC. 113. STRATEGY FOR ARMY TACTICAL WHEELED VEHICLE PROGRAM.
(a) Strategy Required.--In the budget justification materials
submitted in support of the budget of the Department of Defense (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) for fiscal year 2025 and every five years
thereafter, the Secretary of the Army shall include a report on the
strategy of the Army for tactical wheeled vehicles.
(b) Requirements for Strategy.--Each strategy required by
subsection (a) shall--
(1) align with the applicable national defense strategy
under section 113(g) of title 10, United States Code, and
applicable policies;
(2) be designed so that the force of tactical wheeled
vehicles provided under the strategy supports the national
security strategy of the United States as set forth in the most
recent national security strategy report of the President under
section 108 of the National Security Act of 1947 (50 U.S.C.
3043); and
(3) define capabilities and capacity requirements across
the entire fleet of tactical wheeled vehicles, including--
(A) light, medium, and heavy tactical wheeled
vehicles; and
(B) associated trailer and support equipment.
(c) Strategy Elements.--Each strategy required by subsection (a)
shall include the following:
(1) A detailed program for the construction of light,
medium, and heavy tactical wheeled vehicles for the Army over
the next five fiscal years.
(2) A description of the necessary force structure and
capabilities of tactical wheeled vehicles to meet the
requirements of the national security strategy described in
subsection (b)(2).
(3) The estimated levels of annual funding, by vehicle
class, in both graphical and tabular form, necessary to carry
out the program described in paragraph (1), together with a
discussion of the procurement strategies on which such
estimated levels of annual funding are based.
(4) The estimated total cost of construction for each
vehicle class used to determine the estimated levels of annual
funding described in paragraph (3).
(d) Considerations.--In developing each strategy required by
subsection (a), the Secretary of the Army shall consider the following
objectives and factors:
(1) Objectives relating to protection, fleet operations,
mission command, mobility, and the industrial base.
(2) Technological advances that will increase efficiency of
and reduce demand for tactical wheeled vehicles.
(3) Technological advances that allow for the operation of
tactical wheeled vehicles in a variety of climate and
geographic conditions.
(4) Existing commercial technologies such as vehicle
electrification, autonomous capabilities, and predictive
maintenance, among others.
(5) The capabilities of autonomous equivalents to tactical
wheeled vehicles.
(e) Briefing Requirements.--Not later than 15 days after each
budget submission described in subsection (a), in conjunction with the
submission of each strategy required by such subsection, the Secretary
of the Army shall provide a briefing to the congressional defense
committees that addresses the investment needed for each platform of
tactical wheeled vehicle across the future-years defense program.
SEC. 114. EXTENSION AND MODIFICATION OF ANNUAL UPDATES TO MASTER PLANS
AND INVESTMENT STRATEGIES FOR ARMY AMMUNITION PLANTS.
Section 2834(d) of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2201) is
amended--
(1) in the matter preceding paragraph (1), by striking
``March 31, 2026'' and inserting ``March 31, 2030''; and
(2) by adding at the end the following new paragraph:
``(5) A description of any changes made to the master plan
based upon current global events, including pandemics and armed
conflicts.''.
SEC. 115. REPORT ON ACQUISITION STRATEGIES OF THE LOGISTICS
AUGMENTATION PROGRAM OF THE ARMY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Army, in conjunction with
the Office of the Secretary of Defense and in coordination with the
geographic combatant commanders, shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report reviewing the proposed recompete of the
operational task orders of the geographic combatant commands under the
contract for the logistics augmentation program of the Army that will
expire in 2028 (commonly referred to as ``LOGCAP V'').
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A business case analysis of the cost and operational
benefit of recompeting the task orders described in subsection
(a).
(2) Input from stakeholders, including Army Sustainment
Command, the geographic combatant commanders, and Army service
component commanders, on the desirability and operational
impacts of the proposed recompete described in subsection (a).
(3) Detailed cost estimates and timelines, including
projected transition costs and timelines for the task orders
described in subsection (a).
(4) An assessment of the potential impacts related to
quality and timing of transitioning to the new logistics
augmentation program (commonly referred to as ``LOGCAP VI'').
(5) An analysis of recompeting the task orders described in
subsection (a) compared to transitioning to LOGCAP VI.
(6) An overview of potential innovations and efficiencies
derived from a competition for LOGCAP VI.
(7) An explanation of the benefit of recompeting the task
orders described in subsection (a) compared to an open
competition for LOGCAP VI.
(8) A breakdown of additional authorities needed to move
directly to LOGCAP VI.
Subtitle C--Navy Programs
SEC. 121. REDUCTION IN THE MINIMUM NUMBER OF NAVY CARRIER AIR WINGS AND
CARRIER AIR WING HEADQUARTERS REQUIRED TO BE MAINTAINED.
Section 8062(e) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``until the earlier of''
and all that follows and inserting ``until the date on which
additional operationally deployable aircraft carriers can fully
support a 10th carrier air wing;''; and
(2) in paragraph (2), by striking ``the earlier of'' and
all that follows through ``and (B) of'' and inserting ``the
date referred to in''.
SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY
PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as most
recently amended by section 123(a) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), is
further amended by striking ``through 2023'' and inserting ``through
2024''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 3501
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of 10 Virginia
class submarines.
(b) Authority for Advance Procurement and Economic Order
Quantity.--The Secretary of the Navy may enter into one or more
contracts, beginning in fiscal year 2024, for advance procurement
associated with the Virginia class submarines for which authorization
to enter into a multiyear procurement contract is provided under
subsection (a) and for equipment or subsystems associated with the
Virginia class submarine program, including procurement of--
(1) long lead time material; or
(2) material or equipment in economic order quantities when
cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2025 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Limitation on Termination Liability.--A contract for the
construction of Virginia class submarines entered into under subsection
(a) shall include a clause that limits the liability of the United
States to the contractor for any termination of the contract. The
maximum liability of the United States under the clause shall be the
amount appropriated for the submarines covered by the contract
regardless of the amount obligated under the contract.
SEC. 124. SENSE OF SENATE ON PROCUREMENT OF OUTSTANDING F/A-18 SUPER
HORNET PLATFORMS.
(a) Findings.--Congress finds that Congress appropriated funds for
twelve F/A-18 Super Hornet platforms in fiscal year 2022 and eight F/A-
18 Super Hornet platforms in fiscal year 2023, but the Navy has yet to
enter into any contracts for the procurement of such platforms.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Secretary of the Navy and the contractor team
should expeditiously enter into contractual agreements to
procure the twenty F/A-18 Super Hornet platforms for which
funds have been appropriated; and
(2) the Senate urges the Secretary of the Navy and the
contractor team to comply with congressional intent and
applicable law with appropriate expediency to bolster the
Navy's fleet of strike fighter aircraft and avoid further
disruption to the defense industrial base.
Subtitle D--Air Force Programs
SEC. 131. LIMITATIONS AND MINIMUM INVENTORY REQUIREMENT RELATING TO RQ-
4 AIRCRAFT.
Section 9062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2024 and
ending on September 30, 2028, the Secretary of the Air Force may not--
``(A) retire an RQ-4 aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for RQ-4 aircraft in a manner that
presumes future congressional authority to divest such
aircraft;
``(C) keep an RQ-4 aircraft in a status considered excess
to the requirements of the possessing command and awaiting
disposition instructions (commonly referred to as `XJ' status);
or
``(D) decrease the total aircraft inventory of RQ-4
aircraft below 10 aircraft.
``(2) The prohibition under paragraph (1) shall not apply to
individual RQ-4 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.''.
SEC. 132. LIMITATION ON DIVESTITURE OF T-1A TRAINING AIRCRAFT.
No divestiture of any T-1A training aircraft may occur until the
Chief of Staff of the Air Force submits to the congressional defense
committees a certification of--
(1) the fleet-wide implementation of the Undergraduate
Pilot Training 2.5 curriculum and the effect of such
implementation on the undergraduate pilot training pipeline;
and
(2) how the divestiture would affect existing programs of
the Air Force that accelerate pilot training.
SEC. 133. MODIFICATION TO MINIMUM INVENTORY REQUIREMENT FOR A-10
AIRCRAFT.
(a) Fiscal Year 2017 NDAA.--Section 134(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2038), as amended by section 141(b)(1) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), is
further amended by striking ``153 A-10 aircraft'' and inserting ``135
A-10 aircraft''.
(b) Fiscal Year 2016 NDAA.--Section 142(b)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 755), as amended by section 141(b)(2) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended by striking ``153 A-10 aircraft'' and
inserting ``135 A-10 aircraft''.
SEC. 134. MODIFICATION TO MINIMUM REQUIREMENT FOR TOTAL PRIMARY MISSION
AIRCRAFT INVENTORY OF AIR FORCE FIGHTER AIRCRAFT.
Section 9062(i)(1) of title 10, United States Code, is amended by
striking ``1,145 fighter aircraft'' and inserting ``1,112 fighter
aircraft''.
SEC. 135. MODIFICATION OF LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
Section 150 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2456) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C)(ii), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) for each covered F-15 aircraft that the
Secretary plans to divest, a description of--
``(i) the upgrades and modifications done
to the aircraft, including the date of each
modification and the value amount of each
modification in current year dollars; and
``(ii) the estimated remaining service life
of--
``(I) the aircraft; and
``(II) the onboard systems of the
aircraft.''; and
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Updates.--Not later than October 1 of each year through
October 1, 2028, the Secretary of the Air Force shall--
``(1) update the report required under subsection (b); and
``(2) submit such update to the congressional defense
committees.''.
SEC. 136. REPORT ON AIR FORCE EXECUTIVE AIRCRAFT.
(a) In General.--Not later than January 1, 2025, the Secretary of
the Air Force shall submit to the congressional defense committees a
report that includes the following:
(1) An overview of the total missions flown by executive
aircraft of the Air Force during the five fiscal years
preceding the fiscal year in which the report is submitted,
disaggregated by fiscal year, including the mission types and
Government agencies supported.
(2) An identification of each mission flown by executive
aircraft of the Air Force during the five fiscal years
preceding the fiscal year in which the report is submitted,
disaggregated by fiscal year, including the mission type,
overall cost, average flight hour cost, and Government agency
supported, disaggregated by wing and by type of aircraft.
(3) The projected mission capacity for executive aircraft
of the Air Force for the five fiscal years following the fiscal
year in which the report is submitted, disaggregated by fiscal
year, factoring in any planned changes to aircraft inventory.
(4) A description of any anomalous conditions that may have
impacted the availability, with respect to executive aircraft
of the Air Force, of a specific aircraft type or wing during
the five fiscal years preceding the fiscal year in which the
report is submitted, such as unavailability of a specific
aircraft type due to block upgrades or fleetwide maintenance
issues.
(5) A description of the impact of the capacity of
executive aircraft of the Air Force on the overall capacity of
the Department of Defense to meet demand for executive
aircraft.
(6) The total outlays of the Department of the Air Force
for missions flown by executive aircraft of the Air Force,
after factoring in reimbursements received from Government
agencies supported, during the five fiscal years preceding the
fiscal year in which the report is submitted, disaggregated by
fiscal year and by account.
(7) The projected budgets for the executive aircraft of the
Air Force through the future years defense program.
(8) A narrative description of how the Air Force plans and
budgets for missions flown by executive aircraft.
(9) Any other information the Secretary considers to be
important.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex for the
purposes of describing classified missions supported by the executive
aircraft of the Air Force.
SEC. 137. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-3
AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act for fiscal year 2024 for the Air Force may be obligated or
expended to retire, prepare to retire, or place in storage or in backup
aircraft inventory any E-3 aircraft if such actions would reduce the
total aircraft inventory for such aircraft below 16.
(b) Exception for Plan.--If the Secretary of the Air Force submits
to the congressional defense committees a plan for maintaining
readiness and ensuring there is no lapse in mission capabilities, the
prohibition under subsection (a) shall not apply to actions taken to
reduce the total aircraft inventory for E-3 aircraft to below 16,
beginning 30 days after the date on which the plan is so submitted.
(c) Exception for E-7 Procurement.--If the Secretary of the Air
Force procures enough E-7 Wedgetail aircraft to accomplish the required
mission load, the prohibition under subsection (a) shall not apply to
actions taken to reduce the total aircraft inventory for E-3 aircraft
to below 16 after the date on which such E-7 Wedgetail aircraft are
delivered.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND FIELDING OF
INNOVATIVE TECHNOLOGIES.
Section 834(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 4061 note) is amended by adding
at the end the following new paragraph:
``(3) The Secretary of Defense may waive the priority established
pursuant to paragraph (1) for up to two solicitations for proposals per
fiscal year.''.
SEC. 142. REQUIREMENT TO DEVELOP AND IMPLEMENT POLICIES TO ESTABLISH
THE DATALINK STRATEGY OF THE DEPARTMENT OF DEFENSE.
(a) Policies Required.--
(1) In general.--The Secretary of Defense shall develop and
implement policies to establish the unified datalink strategy
of the Department of Defense (in this section referred to as
the ``strategy'').
(2) Elements.--The policies required by paragraph (1) shall
include the following:
(A) The designation of an organization that will
act as the lead coordinator of datalink activities
across the entire Department of Defense.
(B) Prioritization and coordination across services
of the strategy within the requirements generation
process of the Department.
(C) The use of a common standardized datalink
network or transport protocol that ensures
interoperability between independently developed
datalinks, regardless of physical medium used, and
ensures mesh routing. The Secretary of Defense shall
consider the use of a subset of Internet Protocol.
(D) A programmatic decoupling of the physical
method used to transmit data, the network or transport
protocols used in the transmission and reception of
data, and the applications used to process and use
data.
(E) The coordination of weapon systems executing
the same mission types across services of the strategy,
including through the use of a common set of datalink
waveforms. The Secretary shall evaluate the use of
redundant datalinks for line-of-sight and beyond-line-
of-sight information exchange for each weapon systems
platform.
(F) Coordination between the Department and the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) to
leverage any efficiencies and overlap with existing
datalink waveforms of the intelligence community.
(G) Methods to support the rapid integration of
common datalinks across the force.
(H) Support for modularity of specific datalink
waveforms to enable rapid integration of future
datalinks, including the use of software defined radios
compliant with modular open system architecture and
sensor open system architecture.
(b) Information to Congress.--Not later than June 1, 2024, the
Secretary of Defense shall provide to the congressional defense
committees the following:
(1) A briefing on the proposed policies required by
subsection (a)(1), with timelines for implementation.
(2) An estimated timeline of implementations of datalinks.
(3) A list of any additional resources and authorities
required to execute the strategy.
(4) A determination of whether a common set of datalinks
can and should be implemented across all major weapon systems
within the Department of Defense.
SEC. 143. REPORT ON CONTRACT FOR CYBERSECURITY CAPABILITIES AND
BRIEFING.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of the
Department of Defense shall submit to the congressional defense
committees a report on the decision to exercise options on an
existing contract to use cybersecurity capabilities to protect
assets and networks across the Department of Defense.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the potential effects on
innovation and competition among cybersecurity vendors
of the decision to exercise the cybersecurity options
on the contract described in paragraph (1).
(B) A description of the risks and benefits
associated with an integrated enterprise-wide
cybersecurity solution from a single vendor.
(C) A description of future plans of the Department
of Defense to recompete the acquisition of integrated
and interoperable cybersecurity tools and applications
that would allow multiple vendors to compete separately
and as teams.
(D) A copy of the analysis conducted by the
Director of Cost Assessment and Program Evaluation of
the Department of the costs and effectiveness of the
cybersecurity capabilities covered by the contract
described in paragraph (1).
(E) A copy of the analysis conducted by the
Director of Operational Test and Evaluation of the
Department of the effectiveness of the cybersecurity
capabilities covered by the contract described in
paragraph (1) compared to other commercially available
products and vendors.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Chief Information Officer of the Department
of Defense shall brief the congressional defense committees on the
plans of the Department to ensure competition and interoperability in
the security and identity and access management product market
segments.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. UPDATED GUIDANCE ON PLANNING FOR EXPORTABILITY FEATURES FOR
FUTURE PROGRAMS.
(a) Program Guidance on Planning for Exportability Features.--The
Under Secretary of Defense for Acquisition and Sustainment shall ensure
that program guidance is updated to integrate planning for
exportability features called for by section 4067 of title 10, United
States Code, for the following activities:
(1) Major defense acquisition programs (MDAPs) (as defined
in section 4201 of title 10, United States Code), which shall
include in the initial cost estimates for the programs a
requirement to capture potential exportability needs.
(2) Middle tier acquisition (MTA) programs described in
section 804(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 3201 note
prec.), which shall include an assessment of potential
exportability needs prior to transition from rapid fielding or
prototyping.
(b) Revision of Guidance for Program Protection Plans.--The Under
Secretary shall revise guidance for program protection plans to
integrate a requirement to determine exportability for the programs
covered by such plans.
SEC. 212. SUPPORT TO THE DEFENCE INNOVATION ACCELERATOR FOR THE NORTH
ATLANTIC.
(a) Authority.--To the extent and in such amounts as provided in
appropriations Acts for the purposes set forth in this section, the
Secretary of Defense may, acting through the Under Secretary of Defense
for Research and Engineering, provide funds of not more than
$15,000,000 per year to sustain the participation of the United States
in the North Atlantic Treaty Organization (NATO) Defence Innovation
Accelerator for the North Atlantic (DIANA) Initiative (in this section
the ``Initiative'').
(b) Notification.--
(1) In general.--Not later than 15 days after the date on
which the Secretary makes a decision to provide funds pursuant
to subsection (a), the Under Secretary shall submit to the
congressional defense committees a written notification of such
decision.
(2) Contents.--Notification submitted pursuant to paragraph
(1) shall include the following:
(A) A detailed breakout of the funding provided.
(B) The intended purposes of such funds.
(C) The timeframe covered by such funds.
(c) Strategy.--
(1) In general.--Not later than July 1, 2024, the Under
Secretary shall submit to the congressional defense committees
a strategy for participation by the United States in the
Initiative.
(2) Contents.--The strategy submitted pursuant to paragraph
(1) shall include the following:
(A) A description for how the Initiative fits into
the innovation ecosystem for the North Atlantic Treaty
Organization, as well as how it is synchronized with
and will interact with other science, technology, and
innovation activities within the Department of Defense.
(B) Anticipated funding profile across the future
years defense program (FYDP).
(C) Identification of key technology focus areas to
be addressed each year across the future years defense
program.
(D) Anticipated areas for expansion for key nodes
or locations for the Initiative, including how the
Initiative will contribute to fostering the spread of
innovation throughout the United States.
(d) Annual Report.--Not later than February 1, 2024, and February 1
of each year thereafter through 2026, the Secretary shall submit to the
congressional defense committees an annual report for Department
supported activities of the Initiative, including the breakdown of
funding provided for the previous fiscal year, and key milestones or
achievements during that timeframe.
(e) Sunset.--The authority provided by subsection (a) shall
terminate on September 30, 2026.
SEC. 213. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092(b) of title 10, United States code is amended--
(1) in paragraph (1)(B), by striking ``of which not more
than 5 such positions may be positions of administration or
management of the Agency''; and
(2) in paragraph (4), by inserting ``, including, upon
separation, pay the travel, transportation, and relocation
expenses to return to the location of origin, at the time of
the initial appointment, within the United States'' before the
period at the end.
SEC. 214. ADMINISTRATION OF THE ADVANCED SENSORS APPLICATION PROGRAM.
Section 218 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Commander
of Naval Air Systems Command and the Director of Air
Warfare shall jointly serve'' and inserting ``The Under
Secretary of Defense for Intelligence and Security,
acting through the Director of the Air Force Office of
Concepts, Development, and Management Office, shall
serve''; and
(B) in paragraph (2), by striking ``The resource
sponsors of the Program shall be responsible'' and
inserting ``The resource sponsor, in consultation with
the Commander of Naval Air Systems Command, shall be
responsible'';
(2) in subsection (b), by striking ``Only the Secretary of
the Navy, the Under Secretary of the Navy, and the Commander of
Naval Air Systems Command may'' and inserting ``Only the Under
Secretary of Defense for Intelligence and Security and the
Director of the Air Force Concepts, Development, and Management
Office, in consultation with the Commander of Naval Air Systems
Command, may''; and
(3) in subsection (d)(3), by striking ``exercised by the
Commander of Naval Air Systems Command, the Secretary of the
Navy, or the Under Secretary of the Navy'' and inserting
``exercised by the Under Secretary of Defense for Intelligence
and Security and the Director of the Air Force Concepts,
Development, and Management Office''.
SEC. 215. DELEGATION OF RESPONSIBILITY FOR CERTAIN RESEARCH PROGRAMS.
Section 980(b) of title 10, United Stated Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding to the end the following new paragraph:
``(2) The Secretary may delegate the authority provided by
paragraph (1) to the Under Secretary of Defense for Research and
Engineering.''.
SEC. 216. PROGRAM OF STANDARDS AND REQUIREMENTS FOR MICROELECTRONICS.
(a) Program Required.--The Secretary of Defense shall establish,
not later than 180 days after the date of the enactment of this Act, a
program within the National Security Agency to develop and continuously
update, as the Secretary determines necessary, standards, commercial
best practices, and requirements for the design, manufacture,
packaging, test, and distribution of microelectronics acquired by the
Department of Defense to provide acceptable levels of confidentiality,
integrity, and availability for Department commercial-off-the-shelf
(COTS) microelectronics, field programmable gate arrays (FPGAs), and
custom integrated circuits (CICs).
(b) Advice and Assessment.--The Secretary shall ensure that the
program established pursuant to subsection (a) is advised and assessed
by the Government-Industry-Academia Working Group on Microelectronics
established under section 220 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
(c) Requirements.--The program established by subsection (a) shall
develop--
(1) evidence-based assurance processes and techniques that
sustain, build on, automate, and scale up the results and
accomplishments of the Rapid Assured Microelectronics
Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-the-
Art Heterogeneous Integrated Packaging (SHIP) programs to
enhance the confidentiality, integrity, and availability of
microelectronics while minimizing costs and impacts to
commercial manufacturing practices;
(2) validation methods for such processes and techniques,
in coordination with the developmental and operational test and
evaluation community, as the Secretary determines necessary;
(3) threat models that comprehensively characterize the
threat to microelectronics confidentiality, integrity, and
availability across the entire supply chain, and the design,
production, packaging, and deployment cycle to support risk
management and risk mitigation, based on the principle of
reducing risk to as low a level as reasonably practicable,
including--
(A) comparative risk assessments; and
(B) balanced and practical investments in assurance
based on risks and returns;
(4) levels of assurance and associated requirements for the
production and acquisition of commercial-off-the-shelf
integrated circuits, integrated circuits subject to
International Traffic in Arms Regulations (ITAR) under
subchapter M of chapter I of title 22, Code of Federal
Regulations, or successor regulations, and classified
integrated circuits using commercial foundry manufacturing
process flows;
(5) guides for Federal Government program evaluators,
program offices, and industry to meet microelectronics
assurance requirements; and
(6) guidance for the creation of a government
organizational structure and plan to support the acquisition of
fit-for-purpose microelectronics, including the role of the
Defense Microelectronics Activity, the Crane Division of the
Naval Surface Warfare Center, and the Joint Federated Assurance
Center.
(d) Microelectronics Assurance Standard.--The program established
pursuant to subsection (a) shall establish a Department
microelectronics assurance standard that includes an overarching
assurance framework as well as the guides developed under subsection
(c)(5), for commercial-off-the-shelf integrated circuits, integrated
circuits subject to the International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal Regulations, or
successor regulations, and classified microelectronics developed under
subsection (c)(4).
(e) Microelectronics Assurance Executive Agent.--The Secretary
shall designate one individual from a military department as the
Microelectronics Assurance Executive Agent to assist Federal Government
program offices in acquiring fit-for-purpose microelectronics.
(f) Management of RAMP and SHIP Programs.--Effective on the date of
the establishment of the program required by subsection (a), such
program shall assume management of the Rapid Assured Microelectronics
Prototypes, Rapid Assured Microelectronics Prototypes-Commercial (RAMP-
C), and State-of-the-Art Heterogeneous Integrated Packaging programs
that were in effect on the day before the date of the enactment of this
Act and executed by the Under Secretary of Defense for Research and
Engineering.
(g) Oversight.--The Under Secretary of Defense for Research and
Engineering shall provide oversight of the planning and execution of
the program required by subsection (a).
(h) Requirements for Contracting for Application-specific
Integrated Circuits.--The Secretary shall ensure that, for contracts
for application-specific integrated circuits designed by defense
industrial base contractors--
(1) the use of evidence-based assurance processes and
techniques are included in the contract data requirements list;
(2) commercial best industry practices for confidentiality,
integrity, and availability are used;
(3) a library of certified third-party intellectual
property is established for reuse, including reuse of
transistor layouts, cells, and macrocells;
(4) legal mechanisms are in place for data collection and
sharing; and
(5) automation technology is adopted to achieve efficiency.
SEC. 217. CLARIFYING ROLE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE
DEFENSE RESEARCH AND EDUCATION.
Section 4124(f)(2) of title 10, United States Code, is amended--
(1) by striking ``that assists'' and inserting the
following: ``that--
``(A) assists'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(B) facilitates technology transfer from industry or
academic institutions to the Center; or
``(C) assists and facilitates workforce development in
critical technology areas and technology transition to fulfill
unmet needs of a Center.''.
SEC. 218. COMPETITION FOR TECHNOLOGY THAT DETECTS AND WATERMARKS THE
USE OF GENERATIVE ARTIFICIAL INTELLIGENCE.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish
and carry out a prize competition under section 4025 of title
10, United States Code, to evaluate technology, including
applications, tools, and models, for the detection and
watermarking of generative artificial intelligence (AI)--
(A) to facilitate the research, development,
testing, evaluation, and competition of secure
generative artificial intelligence detection and
watermark technologies that can support each Secretary
of a military department and the commanders of
combatant commands to support warfighting requirements;
and
(B) to transition such technologies, including
technologies developed from pilot programs, prototype
projects, or other research and development programs,
from the prototyping phase to production.
(2) Participation.--The participants in the competition
carried out pursuant to paragraph (1) may include Federally-
funded research and development centers (FFRDCs), the private
sector, the defense industrial base, academia, government
agencies, and such other participants as the Secretary
considers appropriate.
(3) Commencement.--The competition will begin within 270
days of passage of this Act.
(4) Designation.--The competition established and carried
out pursuant to paragraph (1) shall be known as the
``Generative AI Detection and Watermark Competition''.
(b) Administration.--The Under Secretary of Defense for Research
and Engineering shall administer the competition required by subsection
(a).
(c) Framework.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall provide the congressional
defense committees a briefing on the framework the Secretary will use
to carry out the competition required by subsection (a).
(d) Annual Reports.--Not later than October 1 of each year until
the termination of the competition established and carried out under
subsection (a), the Secretary shall submit to the congressional defense
committees a report on the results of the competition.
(e) Definitions.--In this section:
(1) The term ``detection'' means a technology that can
positively identify the presence of generative artificial
intelligence in digital content.
(2) The term ``watermarking'' means embedding a piece of
data onto detected artificial intelligence generated digital
content, conveying attribution to the source generation.
(f) Termination.--The competition established and carried out
pursuant to subsection (a) shall terminate on December 31, 2025.
Subtitle C--Plans, Reports, and Other Matters
SEC. 221. DEPARTMENT OF DEFENSE PRIZE COMPETITIONS FOR BUSINESS SYSTEMS
MODERNIZATION.
(a) In General.--Not later than September 30, 2028, the Secretary
of Defense and the Secretaries of the military departments shall
complete one or more prize competitions under section 4025 of title 10,
United States Code, in order to support the business systems
modernization goals of the Department of Defense.
(b) Scope.--
(1) In general.--Each prize competition carried out under
subsection (a) shall be structured to complement, and to the
degree practicable, accelerate delivery or expand functionality
of business systems capabilities being pursued by the affected
Secretary, either currently in operation, in development, or
for broad classes of systems covered by the business enterprise
architecture required by section 2222(e) of title 10, United
States Code.
(2) Areas for consideration.--In carrying out subsection
(a), the Secretary of Defense and the Secretaries of the
military departments shall each consider the following:
(A) Integration of artificial intelligence or
machine learning capabilities.
(B) Data analytics or business intelligence, or
related visualization capability.
(C) Automated updating of business architectures,
business systems integration, or documentation related
to existing systems or manuals.
(D) Improvements to interfaces or processes for
interacting with other non-Department of Defense
business systems.
(E) Updates or replacements for legacy business
systems to improve operational effectiveness and
efficiency, such as the Mechanization of Contract
Administration Services (MOCAS).
(F) Contract writing systems or expanded capability
that could be integrated into existing systems.
(G) Pay and personnel systems, or expanded
capability, that could be integrated into existing
systems.
(H) Other finance and accounting systems, or
expanded capability, that could be integrated into
existing systems.
(I) Systems supporting industrial base and supply
chain visibility, analytics, and management.
SEC. 222. UPDATE TO PLANS AND STRATEGIES FOR ARTIFICIAL INTELLIGENCE.
(a) In General.--The Secretary of Defense shall, in consultation
with the Deputy Secretary of Defense--
(1) establish and document procedures, including timelines,
for the periodic review of the 2018 Department of Defense
Artificial Intelligence Strategy, or any successor strategy,
and associated annexes of the military departments to assess
the implementation of the strategy and whether any revision is
necessary;
(2) issue Department of Defense-wide guidance that defines
outcomes of near-term and long-term strategies and plans
relating to--
(A) the adoption of artificial intelligence;
(B) adoption and enforcement of policies on the
ethical use of artificial intelligence systems; and
(C) the identification and mitigation of bias in
artificial intelligence algorithms;
(3) issue Department-wide guidance regarding--
(A) methods to monitor accountability for
artificial intelligence-related activity, including
artificial intelligence performance indicators and
metrics;
(B) means to enforce and update ethics policy and
guidelines across all adopted artificial intelligence
systems; and
(C) means to identify, monitor, and mitigate bias
in artificial intelligence algorithms;
(4) develop a strategic plan for the development, use, and
cybersecurity of generative artificial intelligence, including
a policy for use of, and defense against adversarial use of,
generative artificial intelligence;
(5) assess technical workforce needs across the future
years defense plan to support the continued development of
artificial intelligence capabilities, including recruitment and
retention policies and programs;
(6) assess the availability and adequacy of the basic
artificial intelligence training and education curricula
available to the broader Department civilian workforce and
military personnel to promote artificial intelligence literacy
to the nontechnical workforce and senior leadership with
responsibilities adjacent to artificial intelligence technical
development;
(7) develop and issue a timeline and guidance for the Chief
Digital and Artificial Intelligence Officer of the Department
and the Secretaries of the military departments to establish a
common terminology for artificial intelligence-related
activities;
(8) develop and implement a plan to protect and secure the
integrity, availability, and privacy of artificial intelligence
systems and models, including large language models, data
libraries, data repositories, and algorithms, in training,
development, and production environments;
(9) develop and implement a plan--
(A) to identify commercially available and relevant
large language models; and
(B) to make those available, as appropriate, on
classified networks;
(10) develop a plan to defend the people, organizations,
and systems of the Department against adversarial artificial
intelligence, including identification of organizations within
the Department that could provide red teams capabilities for
operational and developmental needs;
(11) develop and implement a policy for use by contracting
officials to protect the intellectual property of commercial
entities that provide their artificial intelligence algorithms
to a Department repository established pursuant to section 232
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 4001 note), including policy for
how to address data rights in situations in which government
and commercial intellectual property may be mixed when such
artificial intelligence algorithms are deployed in an
operational environment;
(12) issue guidance and directives for how the Chief
Digital and Artificial Intelligence Officer of the Department
will exercise authority to access, control, and maintain, on
behalf of the Secretary, data collected, acquired, accessed, or
utilized by Department components consistent with section 1513
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 4001 note); and
(13) clarify guidance on the instances for and role of
human intervention and oversight in the exercise of artificial
intelligence algorithms for use in the generation of offensive
or lethal courses of action for tactical operations.
(b) Due Date for Procedures, Guidance, Plans, Assessment, and
Timelines.--
(1) Due date.--The Secretary shall develop the procedures,
guidance, plans, assessment, and timelines required under
subsection (a) not later than 120 days after the date of
enactment of this Act.
(2) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the procedures,
guidance, plans, assessment, and timelines established, issued,
carried out, or developed under subsection (a).
SEC. 223. WESTERN REGIONAL RANGE COMPLEX DEMONSTRATION.
(a) Demonstration Required.--The Secretary shall carry out a
demonstration of a joint multi-domain nonkinetic testing and training
environment across military departments by interconnecting existing
ranges and training sites in the western States to improve joint multi-
domain nonkinetic training and further testing, research, and
development.
(b) Use of Existing Ranges and Capabilities.--The demonstration
carried out pursuant to subsection (a) shall use existing ranges and
range capability, unless capability gaps are identified in the process
of planning specific demonstration activities.
(c) Activities.--The demonstration carried out pursuant to
subsection (a) shall include the following:
(1) Electromagnetic spectrum operations.
(2) Electromagnetic warfare.
(3) Operations in the information environment.
(4) Joint All Domain Command and Control (JADC2).
(5) Information warfare, including the following:
(A) Intelligence, surveillance, and reconnaissance.
(B) Offensive and defense cyber operations.
(C) Electromagnetic warfare.
(D) Space operations.
(E) Psychological operations.
(F) Public affairs.
(G) Weather operations.
(d) Timeline for Completion of Initial Demonstration.--In carrying
out subsection (a), the Secretary shall seek to complete an initial
demonstration, interconnecting two or more ranges or testing sites of
two or more military departments in the western States, subject to
availability of appropriations, not later than one year after the date
of the enactment of this Act.
(e) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide the congressional
defense committees a briefing on--
(1) a phased implementation plan and design to connect
ranges and testing sites in the western States, including the
initial demonstration required by subsection (d);
(2) how the design architecture of the plan is in alignment
with recommendations of the 2020 Department of Defense
Electromagnetic Spectrum Superiority Strategy; and
(3) how the design architecture will support high-
periodicity training, testing, research, and development.
(f) Definition.--In this section:
(1) Information environment.--The term ``information
environment'' means the aggregate of individuals,
organizations, and systems that collect, process, and
disseminate, or act on information.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(g) Termination.--This section shall terminate on September 30,
2028.
SEC. 224. REPORT ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING A
QUANTUM COMPUTING INNOVATION CENTER.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Under Secretary of Defense for Research and Engineering and
the Chief Digital and Artificial Intelligence Officer, submit to the
congressional defense committees a report on the feasibility and
advisability of establishing a quantum computing innovation center
within the Department of Defense--
(1) to identify and pursue the development of quantum
computing applications to enhance military operations;
(2) to harness the talent and skills of physicists and
scientists within the Department to develop quantum computing
applications; and
(3) to coordinate and synchronize quantum computing
research across the Department.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the ongoing activities of the
Department that are part of the National Quantum Initiative.
(2) An evaluation of the plans of the Department to develop
quantum computing, sensing, and networking applications.
(3) The level of funding and resources invested by the
Department to enable quantum military applications.
(4) Any established metrics or performance indicators to
track the progress of quantum technology developments.
(5) The extent to which the Department is partnering with
commercial entities engaging in quantum research and
development.
(6) An evaluation of any plans establishing how commercial
advances in quantum technology can be leveraged for military
operations.
(7) An assessment of the maturity of United States
competitor efforts to develop quantum applications for
adversarial use.
(8) An assessment of any processes to harmonize or
coordinate activities across the Department to develop quantum
computing applications.
(9) An evaluation of any Department-issued policy guidance
regarding quantum computing applications.
(10) An evaluation of any Department plans to defend
against adversarial use of quantum computing applications.
SEC. 225. BRIEFING ON THE IMPEDIMENTS TO THE TRANSITION OF THE SEMANTIC
FORENSICS PROGRAM TO OPERATIONAL USE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering shall, in consultation with the Office of General Counsel
of the Department of Defense and the Director of the Defense Advanced
Research Projects Agency, provide to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a briefing on the impediments to the transition of the
Semantic Forensics program to operational use.
(b) Elements.--The briefing provided pursuant to subsection (a)
shall include the following:
(1) Identification of policy and legal challenges
associated with the transition described in subsection (a) and
implementation of the Semantic Forensics program, including
with respect to the use and operational testing of publicly
available information.
(2) Identification of other Federal agencies with legal
authorities that may be able to resolve the challenges
identified pursuant to paragraph (1).
(3) Recommendations for legislative or administrative
action to mitigate the challenges identified pursuant to
paragraph (1).
SEC. 226. ANNUAL REPORT ON DEPARTMENT OF DEFENSE HYPERSONIC CAPABILITY
FUNDING AND INVESTMENT.
(a) In General.--Not later than March 1 of fiscal year 2024 and
March 1 of each of fiscal year thereafter through 2030, the Secretary
of Defense shall submit to the congressional defense committees an
annual report on funding and investments of the Department of Defense
relating to hypersonic capabilities, including with respect to
procurement, research, development, operations, and maintenance of
offensive and defensive hypersonic weapons.
(b) Requirements.--Each report submitted pursuant to subsection (a)
shall--
(1) include cost data on the vehicles, testing, hypersonic
sensors, command and control architectures, infrastructure,
testing infrastructure, software, workforce, training, ranges,
integration costs, and such other items as the Secretary
considers appropriate;
(2) disaggregate information reported by offensive and
defensive hypersonic capabilities;
(3) for research relating to hypersonic capabilities,
include the program element and the name of the entity that is
conducting the research, a description of the purpose of the
research, and any Uniform Resource Locators to weapon programs
associated with the research; and
(4) to the degree applicable, include all associated
hypersonic program elements and line items.
(c) Form.--Each report submitted pursuant to subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 227. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL FOR OFFICE OF
UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS
PENDING A PLAN FOR MODERNIZING DEFENSE TRAVEL SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act for fiscal year 2024 for travel for the office of the Under
Secretary of Defense for Personnel and Readiness, not more than 85
percent may be obligated or expended until the Secretary of Defense
submits to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives supporting
justification material underpinning the decision to cease current
modernization efforts for the Defense Travel System (DTS), and a plan
going forward for modernizing or replacing such system
(b) Contents.--The justification material and plan described in
subsection (a) shall include the following:
(1) The documentation from the Milestone Decision Authority
(MDA) justifying cancellation of the current modernization
contract, including--
(A) specific metrics used to make that
determination;
(B) a timeline for decisions leading to the final
cancellation;
(C) notification from the military departments when
they were unable to make the desired usage rates using
the current modernization prototype;
(D) identification of system requirements for audit
readiness, as well as interface needs for other
enterprise resource planning systems, in the current
modernization contract; and
(E) alternatives considered prior to cancellation.
(2) An assessment by the Cost Assessment of Program
Evaluation office comparing--
(A) costs of continuing with the current
modernization prototype across the future years defense
plan (FYDP); and
(B) costs of sustainment of the Defense Travel
System across the future years defense plan, factoring
potential costs of restarting modernization efforts.
(3) A description from the Milestone Decision Authority on
what the current plan is for modernizing the Defense Travel
System, including timelines and potential costs.
SEC. 228. ANNUAL REPORT ON UNFUNDED PRIORITIES FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION ACTIVITIES.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 222d the following new section:
``Sec. 222e. Unfunded priorities for research, development, test, and
evaluation activities
``(a) Annual Report.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees a report on the
unfunded priorities of the Department of Defense-wide research,
development, test, and evaluation activities.
``(b) Contents.--
``(1) In general.--Except as provided in subsection (c),
each report submitted under subsection (a) shall specify, for
each unfunded priority covered by such report, the following:
``(A) A summary description of such priority,
including the objectives to be achieved if such
priority is funded (whether in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such
priority, including the following (as applicable):
``(i) Line Item Number (LIN) for applicable
procurement accounts.
``(ii) Program Element (PE) number for
applicable research, development, test, and
evaluation accounts.
``(2) Prioritization of priorities.--The report under
subsection (a) shall present the unfunded priorities covered by
such report in order of urgency of priority.
``(c) Exclusion of Priorities Covered in Other Reports.--The report
submitted under subsection (a) shall not include unfunded priorities or
requirements covered in reports submitted under--
``(1) section 222a or 222b; or
``(2) section 2806 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a
note).
``(d) Form.--Each report submitted pursuant to subsection (a) shall
be submitted in classified format, but the Secretary may also submit an
unclassified version as the Secretary considers appropriate.
``(e) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement, that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31; and
``(2) would have been recommended for funding through that
budget if--
``(A) additional resources had been available for
the budget to fund the program, activity, or mission
requirement; or
``(B) the program, activity, or mission requirement
has emerged since the budget was formulated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by inserting after the item relating
to section 222d the following new item:
``222e. Annual report on unfunded priorities for research, development,
test, and evaluation activities.''.
SEC. 229. ESTABLISHMENT OF TECHNOLOGY TRANSITION PROGRAM FOR STRATEGIC
NUCLEAR DETERRENCE.
(a) In General.--The Commander of Air Force Global Strike Command
may, through the use of a partnership intermediary, establish a
program--
(1) to carry out technology transition, digital engineering
projects, and other innovation activities supporting the Air
Force nuclear enterprise; and
(2) to discover capabilities that have the potential to
generate life-cycle cost savings and provide data-driven
approaches to resource allocation.
(b) Termination.--The program established under subsection (a)
shall terminate on September 30, 2029.
(c) Partnership Intermediary Defined.--The term ``partnership
intermediary'' has the meaning given the term in section 23(c) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
SEC. 230. REVIEW OF ARTIFICIAL INTELLIGENCE INVESTMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review the current investment into applications of
artificial intelligence to the platforms, processes, and
operations of the Department of Defense; and
(2) categorize the types of artificial intelligence
investments by categories including but not limited to the
following:
(A) Automation.
(B) Machine learning.
(C) Autonomy.
(D) Robotics.
(E) Deep learning and neural network.
(F) Natural language processing.
(b) Report to Congress.--Not later than 120 days after the
completion of the review and categorization required by subsection (a),
the Secretary of Defense shall submit to the congressional defense
committees a report on--
(1) the findings of the Secretary with respect to the
review and any action taken or proposed to be taken by the
Secretary to address such findings; and
(2) an evaluation of how the findings of the Secretary
align with stated strategies of the Department of Defense with
regard to artificial intelligence and performance objectives
established in the Department of Defense Data, Analytics, and
Artificial Intelligence Adoption Strategy.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. REQUIREMENT FOR APPROVAL BY UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND SUSTAINMENT OF ANY WAIVER FOR A SYSTEM
THAT DOES NOT MEET FUEL EFFICIENCY KEY PERFORMANCE
PARAMETER.
Section 332(b) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2911 note) is
amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(1) In general.--The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Waiver of fuel efficiency key performance
parameter.--
``(A) In general.--The fuel efficiency key
performance parameter implemented under paragraph (1)
may be waived for a system only if such waiver is
approved by the Under Secretary of Defense for
Acquisition and Sustainment.
``(B) Nondelegation.--The waiver authority under
subparagraph (A) may not be delegated.''.
SEC. 312. IMPROVEMENT AND CODIFICATION OF SENTINEL LANDSCAPES
PARTNERSHIP PROGRAM AUTHORITY.
(a) Codification of Existing Statute.--Section 317 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2684a note) is amended--
(1) by transferring such section to appear after section
2692 of title 10, United States Code;
(2) by redesignating such section as section 2693; and
(3) by amending the section heading to read as follows:
``Sec. 2693. Sentinel Landscapes Partnership''.
(b) Improvements to Sentinel Landscapes Partnership Program.--
Section 2693 of title 10, United States Code, as transferred and
redesignated by subsection (a), is further amended--
(1) in subsection (a), by striking ``and the Secretary of
the Interior'' and inserting ``, the Secretary of the Interior,
and the heads of other Federal departments and agencies that
elect to become full partners'';
(2) in subsection (b), by striking ``and the Secretary of
the Interior, may, as the Secretaries'' and inserting ``the
Secretary of the Interior, and the heads of other Federal
departments and agencies that elect to become full partners
may, as they'';
(3) by amending subsection (c) to read as follows:
``(c) Coordination of Activities.--The Secretaries and the heads of
Federal departments and agencies, in carrying out this section, may
coordinate actions between their departments and agencies and with
other Federal, State, interstate, and local agencies, Indian Tribes,
and private entities to more efficiently work together for the mutual
benefit of conservation, resilience, working lands, and national
defense, and to encourage owners and managers of land to engage in
voluntary land management, resilience, and conservation activities that
contribute to the sustainment of military installations, State-owned
National Guard installations, and associated airspace.'';
(4) in subsection (d)--
(A) by striking the first sentence and inserting
``The Secretaries and the heads of Federal departments
and agencies, in carrying out this section, may give to
any eligible owner or manager of land within a
designated sentinel landscape priority consideration
for participation in any easement, grant, or assistance
programs administered by that Secretary or head.''; and
(B) in the second sentence, by striking ``eligible
landowner or agricultural producer'' and inserting
``eligible owner or manager of land''; and
(5) by redesignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new
subsection (f):
``(f) Rule of Construction.--Nothing in this section may be
construed to require an owner or manager of land, including a private
landowner or agricultural producer, to participate in any land
management, resilience, or conservation activity under this section.'';
(7) in subsection (g), as redesigned by paragraph (5)--
(A) in paragraph (1), by striking `` section 670(1)
of title 16, United States Code'' and inserting ``
section 100(1) of the Sikes Act (16 U.S.C. 670(1))'';
(B) in paragraph (2), by striking ``section 670(3)
of title 16, United States Code'' and inserting
``section 100(3) of the Sikes Act (16 U.S.C. 670(3))'';
and
(C) in paragraph (3), by amending subparagraph (B)
to read as follows:
``(B) the publicly and privately owned lands that
serve to protect and support the rural economy, the
natural environment, outdoor recreation, and the
national defense missions of a military installation or
State-owned National Guard installation.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of title 10, United States Code, is amended by inserting
after the item relating to section 2692 the following new item:
``2693. Sentinel Landscapes Partnership.''.
SEC. 313. MODIFICATION OF DEFINITION OF SUSTAINABLE AVIATION FUEL FOR
PURPOSE OF PILOT PROGRAM ON USE OF SUCH FUEL.
Section 324(g) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is
amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2);
(3) by inserting before paragraph (2), as redesignated by
paragraph (2) of this section, the following new paragraph:
``(1) The term `applicable material' means--
``(A) monoglycerides, diglycerides, and
triglycerides;
``(B) free fatty acids; or
``(C) fatty acid esters.''; and
(4) by adding at the end the following new paragraphs:
``(3) The term `biomass' has the meaning given that term in
section 45K(c)(3) of the Internal Revenue Code of 1986.
``(4) The term `lifecycle greenhouse gas emissions
reduction percentage' means, with respect to any sustainable
aviation fuel, the percentage reduction in lifecycle greenhouse
gas emissions achieved by such fuel as compared with petroleum-
based aviation fuel, as determined in accordance with--
``(A) the most recent Carbon Offsetting and
Reduction Scheme for International Aviation that has
been adopted, as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2024, by the International Civil Aviation Organization
with the agreement of the United States; or
``(B) the most recent determinations, as of the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024, under the
Greenhouse gases, Regulated Emissions, and Energy use
in Transportation (GREET) model developed by Argonne
National Laboratory.
``(5) The term `sustainable aviation fuel' means liquid
fuel, the portion of which is not kerosene, that--
``(A) meets the requirements of--
``(i) ASTM International Standard D7566; or
``(ii) the Fischer Tropsch provisions of
ASTM International Standard D1655, Annex A1;
``(B) is not derived from coprocessing an
applicable material (or materials derived from an
applicable material) with a feedstock that is not
biomass;
``(C) is not derived from palm fatty acid
distillates or petroleum; and
``(D) has been certified pursuant to a scheme or
model under paragraph (4) as having a lifecycle
greenhouse gas emissions reduction percentage of not
less than 50 percent.''.
SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH NAVAL AIR STATION MOFFETT
FIELD, CALIFORNIA.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--
(A) In general.--The Secretary of the Navy may
transfer an amount not to exceed $438,250 to the
Hazardous Substance Superfund established under section
9507 of the Internal Revenue Code of 1986, in
accordance with section 2703(f) of title 10, United
States Code.
(B) Inapplicability of limitation.--Any transfer
under subparagraph (A) shall be made without regard to
section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under paragraph (1)(A)
shall be made using funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2024 for the
Department of Defense Base Closure Account established under
section 2906(a) of the Defense Base Closure and Realignment Act
of 1990 (Public Law 101-510; 10 U.S.C. 2687 note).
(b) Purpose of Transfer.--Any transfer under subsection (a)(1)(A)
shall be for the purpose of satisfying a stipulated penalty assessed by
the Environmental Protection Agency on May 4, 2018, regarding former
Naval Air Station, Moffett Field, California, under the Federal
Facility Agreement for Naval Air Station, Moffett Field, which was
entered into between the Navy and the Environmental Protection Agency
in 1990 pursuant to section 120 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620).
(c) Acceptance of Payment.--If the Secretary of the Navy makes a
transfer under subsection (a)(1)(A), the Administrator of the
Environmental Protection Agency shall accept the amount transferred as
payment in full of the penalty described in subsection (b).
SEC. 315. TECHNICAL ASSISTANCE FOR COMMUNITIES AND INDIVIDUALS
POTENTIALLY AFFECTED BY RELEASES AT CURRENT AND FORMER
DEPARTMENT OF DEFENSE FACILITIES.
(a) Technical Assistance for Navigation of Response Actions.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, and subject to such
amounts as are provided in appropriations Acts, the Secretary
of Defense, acting through the Director of the Office of Local
Defense Community Cooperation, shall furnish technical
assistance services described in paragraph (3) through the
Technical Assistance for Public Participation (TAPP) Program of
the Department of Defense to communities, or individuals who
are members thereof, that have been affected by a release of a
pollutant affirmatively determined to have originated from a
facility under the jurisdiction of, or formerly used by or
under the jurisdiction of, the Department.
(2) Implementation.--The Secretary, acting through the
Director of the Office of Local Defense Community Cooperation,
may furnish technical assistance services pursuant to paragraph
(1) through a Federal interagency agreement, a private service
provider, or a cooperative agreement entered into with a
nonprofit organization.
(3) Services provided.--The technical assistance services
described in this paragraph are services to improve public
participation in, or assist in the navigation of, environmental
response efforts, including--
(A) the provision of advice and guidance to a
community or individual specified in paragraph (1)
regarding additional technical assistance with respect
to which such community or individual may be eligible
(including pursuant to subsection (b));
(B) the interpretation of site-related documents;
(C) the interpretation of health-related
information;
(D) assistance with the preparation of public
comments; and
(E) the development of outreach materials to
improve public participation.
(b) Grants for Technical Assistance.--
(1) Authority.--Beginning not later than 180 days after the
date of the enactment of this Act, and subject to such amounts
as are provided in appropriations Acts, the Secretary of
Defense, acting through the Director of the Office of Local
Defense Community Cooperation, shall administer a grant program
under which the Director may award a grant to a community, or
individuals who are members thereof, that have been affected by
a release of a pollutant affirmatively determined to have
originated from a facility under the jurisdiction of, or
formerly used by or under the jurisdiction of, the Department
of Defense.
(2) Use of amounts.--Funds provided under a grant awarded
pursuant to paragraph (1) in connection with a release of a
pollutant at a facility may be used by the grant recipient only
to obtain technical assistance and services for public
participation in various stages of the processes of response,
remediation, and removal actions at the facility, including--
(A) interpreting the nature of the release,
including monitoring and testing plans and reports
associated with site assessment and characterization at
the facility;
(B) interpreting documents, plans, proposed
actions, and final decisions related to--
(i) an interim remedial action;
(ii) a remedial investigation or
feasibility study;
(iii) a record of decision;
(iv) a remedial design;
(v) the selection and construction of
remedial action;
(vi) operation and maintenance; and
(vii) a five-year review at the facility.
(C) a removal action at such facility; and
(D) services specified under subsection (a)(3).
(c) Prohibition on Use of Amounts.--None of the amounts made
available under this section may be used for the purpose of
conducting--
(1) lobbying activities; or
(2) legal challenges of final decisions of the Department
of Defense.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 321. TREATMENT OF CERTAIN MATERIALS CONTAMINATED WITH
PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.
(a) In General.--The Secretary of Defense may treat covered
materials, including soils that have been contaminated with PFAS, until
the date on which the Secretary adopts the final rule required under
section 343(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 2701 note) if the treatment of
such materials occurs through the use of remediation or disposal
technology approved by the relevant Federal regulatory agency.
(b) Definitions.--In this section, the terms ``covered material''
and ``PFAS'' have the meanings given those terms in section 343(e) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 2701 note).
SEC. 322. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING
WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3533), section 342 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1643), and section 342 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263), is further
amended by adding at the end the following new clause:
``(iv) Without regard to section 2215 of title 10,
United States Code, the Secretary of Defense may
transfer not more than $5,000,000 during fiscal year
2024 to the Secretary of Health and Human Services to
pay for the study and assessment required by this
section.''.
SEC. 323. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION
PROJECTS AT NATIONAL GUARD FACILITIES.
(a) Clarification of Definition of National Guard Facilities.--
Paragraph (4) of section 2700 of title 10, United States Code, is
amended--
(1) by striking ``State-owned'';
(2) by striking ``owned and operated by a State when such
land is''; and
(3) by striking ``even though such land is not under the
jurisdiction of the Department of Defense.'' and inserting
``without regard to--''
``(A) the owner or operator of the facility; or
``(B) whether the facility is under the
jurisdiction of the Department of Defense or a military
department.''.
(b) Inclusion Under Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended by striking ``State-
owned''.
(c) Response Actions at National Guard Facilities.--Section
2701(c)(1)(D) of such title is amended by striking ``State-owned''.
(d) Services of Other Entities.--Section 2701(d)(1) of such title
is amended, in the second sentence, by inserting ``or at a National
Guard facility'' before the period at the end.
(e) Environmental Restoration Accounts.--Section 2703(g)(1) of such
title is amended by inserting ``, a National Guard facility,'' after
``Department of Defense''.
(f) Technical and Conforming Amendments.--
(1) Repeal.--Section 2707 of such title is amended by
striking subsection (e).
(2) Reference update.--Section 345(f)(1) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 2715 note) is amended by striking ``facility
where military activities are conducted by the National Guard
of a State pursuant to section 2707(e) of title 10, United
States Code'' and inserting ``National Guard facility, as such
term is defined in section 2700 of title 10, United States
Code''.
SEC. 324. LIMITATION ON AVAILABILITY OF TRAVEL FUNDS UNTIL SUBMITTAL OF
PLAN FOR RESTORING DATA SHARING ON TESTING OF WATER FOR
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Of the funds authorized to be appropriated by this
Act for operation and maintenance, defense-wide, for travel for the
Office of the Under Secretary of Defense for Acquisition and
Sustainment, not more than 85 percent may be obligated or expended
until the Under Secretary of Defense for Acquisition and Sustainment
submits to the congressional defense committees a plan to restore data
sharing pertaining to the testing of water for perfluoroalkyl or
polyfluoroalkyl substances, as required under section 345 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 2715 note), which shall include the following:
(1) A plan to restore data sharing with each relevant State
agency tasked with regulation of environmental contamination by
perfluoroalkyl or polyfluoroalkyl substances in each State or
territory of the United States.
(2) A plan to restore data sharing with restoration
advisory boards established under section 2705(d) of title 10,
United States Code.
(3) Information on the geographic specificity of the data
to be provided under paragraphs (1) and (2) and a timeline for
the implementation of the plans under such paragraphs.
(b) Inability to Meet Transparency Requirements.--If the Under
Secretary of Defense for Acquisition and Sustainment determines that
they are unable to meet the requirements under subsection (a), the
Under Secretary shall brief the congressional defense committees on the
rationale for why the restoration of data sharing required under such
subsection is not possible, including a description of any legislative
action required to restore such data sharing.
SEC. 325. DASHBOARD OF FUNDING RELATING TO PERFLUOROALKYL SUBSTANCES
AND POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall include with the submission to
Congress by the President of the annual budget of the Department of
Defense for a fiscal year under section 1105(a) of title 31, United
States Code, a separate budget justification document that consolidates
all information pertaining to activities of the Department of Defense
relating to perfluoroalkyl substances and polyfluoroalkyl substances,
including funding for and descriptions of--
(1) research and development efforts;
(2) testing;
(3) remediation;
(4) contaminant disposal; and
(5) community outreach.
SEC. 326. REPORT ON SCHEDULE AND COST ESTIMATES FOR COMPLETION OF
TESTING AND REMEDIATION OF CONTAMINATED SITES AND
PUBLICATION OF CLEANUP INFORMATION.
(a) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and once every two years thereafter
through December 31, 2029, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report detailing--
(A) a proposed schedule for the completion of
testing and remediation activities, including
remediation of perfluoroalkyl substances and
polyfluoroalkyl substances, at military installations,
facilities of the National Guard, and formerly used
defense sites in the United States where the Secretary
obligated funding for environmental restoration
activities in fiscal year 2022;
(B) detailed cost estimates to complete such
activities, if such estimates are available; and
(C) if such estimates are not available, estimated
costs to complete such activities based on historical
costs of remediation for--
(i) sites remediated under the Defense
Environmental Restoration Program under section
2701 of title 10, United States Code;
(ii) other Federally-funded sites; or
(iii) privately-funded sites.
(2) Inclusion of remedial investigations and feasibility
studies.--The schedule and cost estimates required under
paragraph (1) shall include a schedule and estimated costs for
the completion of remedial investigations and feasibility
studies at all sites covered under such paragraph for which
such investigations and studies are anticipated or planned.
(3) Military installation defined.--In this subsection, the
term ``military installation'' has the meaning given such term
in section 2801(c)(4) of title 10, United States Code.
(b) Publication of Information.--Beginning not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall publish on the publicly available website established under
section 331(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note) timely and regularly
updated information on the status of cleanup at sites for which the
Secretary has obligated amounts for environmental restoration
activities.
SEC. 327. MODIFICATION OF TIMING OF REPORT ON ACTIVITIES OF PFAS TASK
FORCE.
Section 2714(f) of title 10, United States Code, is amended by
striking ``and quarterly thereafter,'' and inserting ``and annually
thereafter through 2029,''.
SEC. 328. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON TESTING AND
REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES.
Not later than one year after the date of the enactment of this
Act, and not later than five years thereafter, the Comptroller General
of the United States shall submit to the congressional defense
committees a report assessing the state of ongoing testing and
remediation by the Department of Defense of current or former military
installations contaminated with perfluoroalkyl substances or
polyfluoroalkyl substances, including--
(1) assessments of the thoroughness, pace, and cost-
effectiveness of efforts of the Department to conduct testing
and remediation relating to those substances;
(2) recommendations to improve those efforts; and
(3) such other matters as the Comptroller General
determines appropriate.
Subtitle D--Logistics and Sustainment
SEC. 331. ASSURING CRITICAL INFRASTRUCTURE SUPPORT FOR MILITARY
CONTINGENCIES PILOT PROGRAM.
(a) Establishment of Pilot Program.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
establish a pilot program to be known as the ``Assuring Critical
Infrastructure Support for Military Contingencies Pilot Program''.
(b) Selection of Installations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Assistant Secretary of Defense for Homeland Defense
and Hemispheric Affairs, shall select not fewer than four
geographically diverse military installations at which to carry
out the pilot program under subsection (a).
(2) Prioritization.--
(A) In general.--In selecting military
installations under paragraph (1), the Secretary of
Defense shall give priority to any military
installation that is a key component of not fewer than
two Contingency Plans (CONPLANs) or Operational Plans
(OPLANs), with priority given to such plans in the area
of responsibility of the United States Indo-Pacific
Command or the United States European Command.
(B) Additional priority.--If two or more military
installations are given equal priority under
subparagraph (A), priority for selection under
paragraph (1) shall be given to the military
installations that are--
(i) connected to national-level
infrastructure;
(ii) located near a commercial port; or
(iii) located near a national financial
hub.
(c) Activities.--In carrying out the pilot program under subsection
(a), the Secretary of Defense, acting through the Assistant Secretary
of Defense for Homeland Defense and Hemispheric Affairs, shall--
(1) without duplicating or disrupting existing cyber
exercise activities under the National Cyber Exercise Program
under section 2220B of the Homeland Security Act of 2002 (6
U.S.C. 665h), conduct cyber resiliency and reconstitution
stress test scenarios through tabletop exercises and, if
possible, live exercises--
(A) to assess how to prioritize restoration of
power, water, and telecommunications for a military
installation in the event of a significant cyberattack
on regional critical infrastructure that has similar
impacts on State and local infrastructure; and
(B) to determine the recovery process needed to
ensure the military installation can function and
support an overseas contingency operation or a homeland
defense mission, as appropriate;
(2) map dependencies of power, water, and
telecommunications at the military installation and the
connections to distribution and generation outside the military
installation;
(3) recommend priorities for the order of recovery for the
military installation in the event of a significant
cyberattack, considering both the requirements needed for
operations of the military installation and the potential
participation of personnel at the military installation in an
overseas contingency operation or a homeland defense mission;
and
(4) create a lessons-learned database from the exercises
conducted under paragraph (1) across all installations
participating in the pilot program to share with the
appropriate committees of Congress.
(d) Coordination With Related Programs.--The Secretary of Defense,
acting through the Assistant Secretary of Defense for Homeland Defense
and Hemispheric Affairs, shall ensure that activities under subsection
(c) are coordinated with--
(1) private entities that operate power, water, and
telecommunications for a military installation participating in
the pilot program under subsection (a);
(2) relevant military and civilian personnel; and
(3) any other entity that the Assistant Secretary of
Defense for Homeland Defense and Hemispheric Affairs determines
is relevant to the execution of activities under subsection
(c).
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Assistant to the President for Homeland Security, the National Cyber
Director, the head of any other relevant Sector Risk Management Agency,
the Committees on Armed Services of the Senate and the House of
Representatives, and, if appropriate, relevant private sector owners
and operators of critical infrastructure a report on the activities
carried out under pilot program under subsection (a), including a
description of any operational challenges identified.
(f) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).
(2) Sector risk management agency.--The term ``Sector Risk
Management Agency'' has the meaning given that term in section
2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
SEC. 332. STRATEGY AND ASSESSMENT ON USE OF AUTOMATION AND ARTIFICIAL
INTELLIGENCE FOR SHIPYARD OPTIMIZATION.
(a) Strategy.--The Secretary of Navy, in coordination with the
Shipyard Infrastructure Optimization Program, shall develop and
implement a strategy to leverage commercial best practices used in
shipyards to make operations more efficient and demonstrate a digital
maintenance artificial intelligence platform that analyzes data on the
maintenance and health of shipboard assets of the Navy at shipyards,
which shall improve readiness of the Armed Forces, predict and diagnose
issues before they occur, and lower maintenance costs.
(b) Assessment.--The Secretary of Navy shall assess the costs of
maintenance delays on shipboard assets of the Navy and assess the
potential cost savings of adopting artificial intelligence predictive
maintenance technology techniques that help determine the condition of
in-service equipment to estimate when maintenance should be performed
rather than waiting until failure or end of life, including--
(1) an analysis of maintenance delays and costs due to
unplanned and unpredicted maintenance issues;
(2) an evaluation of opportunities to demonstrate
commercial best practices at shipyards, including artificial
intelligence technologies to ensure timely predictions for
maintainers and planners at shipyards by connecting datasets,
executing models, and providing outputs in near real-time;
(3) an identification of shipyard assets of the Navy with
sufficient data available to enable near-term demonstrations of
artificial intelligence predictive maintenance and an estimate
of resources needed within the Navy to accelerate the
demonstration of predictive artificial intelligence
capabilities with respect to those assets; and
(4) an identification of any policy or technical challenges
to implementing artificial intelligence or machine learning for
purposes of carrying out the Shipyard Infrastructure
Optimization Program.
(c) Briefing to Committee.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Navy shall provide to
the congressional defense committees a briefing on--
(1) the strategy developed by the Secretary under
subsection (a);
(2) the results of the assessment under subsection (b); and
(3) a plan to execute any measures pursuant to such
assessment.
Subtitle E--Briefings and Reports
SEC. 341. CRITICAL INFRASTRUCTURE CONDITIONS AT MILITARY INSTALLATIONS.
(a) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the head of
each military department, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a plan to
implement a standardized system to measure and report on the condition
and performance of, level of investment in, and any applicable risks to
critical infrastructure systems owned by the Federal Government that--
(1) have not been privatized pursuant to a conveyance under
section 2688 of title 10, United States Code; and
(2) are located on a military installation.
(b) Report.--
(1) In general.--Beginning on February 1 of the year
immediately following the date on which the plan under
subsection (a) is submitted, and annually thereafter, the
Secretary of Defense, in coordination with the head of each
military department, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
consolidated report on the condition of critical infrastructure
systems owned by the Federal Government at military
installations.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) Installation-level critical infrastructure
system data for each critical infrastructure system
owned by the Federal Government located at a military
installation that includes the following for each such
system:
(i) All instances of noncompliance with any
applicable Federal or State law (including
regulations) with which the system has been
required to comply during the preceding five-
year period, including information on any prior
or current consent order or equivalent
compliance agreement with any regulatory
agency.
(ii) The year of original installation of
major critical infrastructure system
components, including treatment facilities,
pump stations, and storage tanks.
(iii) The average age of distribution
system piping and wiring.
(iv) The rate of system recapitalization,
represented as an annual percentage replacement
rate of all critical infrastructure system
assets.
(v) The percentage of key system
operational components inspected, and
determined through actual testing to be fully
operational, during the preceding one-year
period, including fire hydrants, valves, and
backflow preventors.
(vi) The absolute number, and a normalized
measure for comparative purposes, of all
unplanned system outages during the preceding
one-year period.
(vii) The absolute duration, and a
normalized measure for comparative purposes, of
all unplanned system outages during the
preceding one-year period.
(viii) The absolute number, and a
normalized measure for comparative purposes, of
all critical infrastructure system main breaks
and leaks during the preceding one-year period.
(B) A standardized risk assessment for each
military installation, identifying the current and
projected level of risk related to the following:
(i) The ability to maintain compliance with
all current and known future regulatory agency
regulations and standards and all applicable
regulations and policies of the Department of
Defense and the military departments related to
critical infrastructure, and the ability to
operate systems in accordance with accepted
industry standards.
(ii) The ability to maintain a consistent
and compliant supply of water for current and
projected future installation needs based on
current and projected source water availability
and quality, including an assessment of source
water contamination risks.
(iii) The ability to withstand severe
weather events, including drought, flooding,
and temperature fluctuations.
(iv) The ability for utility industrial
controls systems to maintain compliance with
current and future cybersecurity standards and
regulations.
SEC. 342. REPORT ON ESTABLISHING SUFFICIENT STABLING, PASTURE, AND
TRAINING AREA FOR THE OLD GUARD CAISSON PLATOON EQUINES.
(a) In General.--Not later than March 1, 2024, the Secretary of the
Army shall submit to the congressional defense committees a report
containing the results of a study to address the feasibility and
advisability of establishing sufficient stabling, pasture, and training
area for the equines in the Caisson Platoon of the 3rd United States
Infantry (commonly known as the ``Old Guard'').
(b) Inclusion of Recommendations.--The report required under
subsection (a) shall include--
(1) any recommendations determined necessary and
appropriate by the Secretary--
(A) to implement the plan required under section
391(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-
263; 136 Stat. 2549); and
(B) to ensure proper animal facility sanitation for
the equines in the Caisson Platoon of the 3rd United
States Infantry; and
(2) plans for the housing and care of such equines.
(c) Locations.--
(1) Review of military construction authorization.--The
report required under subsection (a) shall include a review of
all physical locations under consideration as stabling,
pasture, or training area described in such subsection for any
withdrawals or projects that would require individual military
construction authorization.
(2) Consideration.--In considering locations for stabling,
pasture, or training area under subsection (a), the Secretary
of the Army shall consider all viable options within a
reasonable distance to Arlington National Cemetery.
(d) Elements.--The report required under subsection (a) shall
include, for each location under consideration as stabling, pasture, or
training area described in such subsection--
(1) a brief environmental assessment of the location;
(2) estimated costs for preparing the location for
construction;
(3) a narrative of how the location will be beneficial and
conducive the health of the equines in the Caisson Platoon of
the 3rd United States Infantry;
(4) a narrative of how, if necessary, the location can be
expanded; and
(5) a narrative of how the location will affect community
access to outdoor recreation.
SEC. 343. QUARTERLY BRIEFINGS ON OPERATIONAL STATUS OF AMPHIBIOUS
WARSHIP FLEET OF DEPARTMENT OF THE NAVY.
(a) In General.--Not later than October 1, 2023, and quarterly
thereafter until September 30, 2024, the Secretary of the Navy shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the operational status of the
amphibious warship fleet of the Department of the Navy.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to each amphibious warship, the following:
(1) Average quarterly Operational Availability (AO).
(2) Number of days underway as follows:
(A) Training for the purpose of supporting Mission
Essential Tasks (in this section referred to as
``MET'') of the Marine Corps, including unit level
well-deck or flight-deck operations training and
Amphibious Ready Group and Marine Expeditionary Unit
integrated training.
(B) Deployed, which shall not include scheduled or
unscheduled in port maintenance.
(3) Expected completion date for in-work and scheduled and
unscheduled maintenance.
(4) An update on any delays in completion of scheduled and
unscheduled maintenance and casualty reports impacting the
following:
(A) Scheduled unit level well-deck and flight-deck
operations training of the Marine Corps.
(B) MET certifications of the Marine Corps,
including mobility, communications, amphibious well-
deck operations, aviation operations, and warfare
training.
(C) Composition and deployment dates of scheduled
and deployed Amphibious Ready Groups and Marine
Expeditionary Units.
(c) Definitions.--In this section:
(1) Amphibious warship.--The term ``amphibious warship''
means a ship that is classified as an amphibious assault ship
(general purpose) (LHA), an amphibious assault ship (multi-
purpose) (LHD), an amphibious transport dock (LPD), or a dock
landing ship (LSD) that is included in the Battle Force
Inventory in accordance with instruction 5030.8D of the
Secretary of the Navy, or successor instruction.
(2) Amphibious ready group; marine expeditionary unit.--The
terms ``Amphibious Ready Group'' and ``Marine Expeditionary
Unit'' means a group or unit, as the case may be, that consists
of a minimum of--
(A) three amphibious assault ships (general
purpose) (LHA) or amphibious assault ships (multi-
purpose) (LHD); and
(B) one amphibious transport dock (LPD) Flight I.
SEC. 344. BRIEFING ON PLAN FOR MAINTAINING PROFICIENCY IN EMERGENCY
MOVEMENT OF MUNITIONS IN JOINT REGION MARIANAS, GUAM.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy and the Secretary of the Air Force shall
brief the congressional defense committees on a plan for maintaining
the proficiency of the Navy and the Air Force, respectively, in
executing the emergency movement of munitions stored in weapons storage
areas in Joint Region Marianas, Guam, onto aircraft and naval vessels,
including plans to regularly exercise such capabilities.
Subtitle F--Other Matters
SEC. 351. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS EXECUTIVE
AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL
TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year
2024--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) in coordination with the Commander of the United States
Special Operations Command, to provide such support, as
necessary, for the continued operation of such school.
SEC. 352. RESTRICTION ON RETIREMENT OF U-28 AIRCRAFT.
None of the funds authorized to be appropriated by this Act may be
used to retire U-28 aircraft until the Secretary of Defense certifies
to the congressional defense committees that the future-years defense
program submitted to Congress under section 221 of title 10, United
States Code, with respect to the United States Special Operations
Command provides for intelligence, surveillance, and reconnaissance
capacity and capability that is equal to or greater than such capacity
and capability provided by the current fleet of U-28 aircraft for such
Command.
SEC. 353. TRIBAL LIAISONS.
(a) In General.--The Secretary of Defense shall ensure that each
installation of the Department of Defense that has an Indian Tribe,
Native Hawaiian organization, or Tribal interests in the area
surrounding the installation, including if an Indian Tribe or Native
Hawaiian organization is historically or culturally affiliated with the
land or water managed or directly impacted by the installation, has a
dedicated Tribal liaison located at the installation.
(b) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(2) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given that term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517).
SEC. 354. LIMITATION ON USE OF FUNDS TO EXPAND LEASED FACILITIES FOR
THE JOINT MILITARY INFORMATION SUPPORT OPERATIONS WEB
OPERATIONS CENTER.
None of the amounts authorized by this Act for operation and
maintenance, Defense-wide to expand leased facilities for the Joint
Military Information Support Operations Web Operations Center may be
obligated or expended until the Secretary of Defense, acting through
the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict and the Commander of the United States Special
Operations Command, submits to the congressional defense committees a
validated manpower study for such center that includes the following:
(1) Validated estimates of the number of personnel from the
United States Special Operations Command and the other
combatant commands that will be housed in leased facilities of
such center.
(2) An explanation of how such estimates are aligned with
and support the priorities established by the national defense
strategy under 113(g) of title 10, United States Code.
SEC. 355. MODIFICATIONS TO THE CONTESTED LOGISTICS WORKING GROUP OF THE
DEPARTMENT OF DEFENSE.
(a) Expansion of Working Group.--
(1) In general.--Paragraph (3) of section 2926(d) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) A representative appointed by the Secretary of
Defense from each of the following:
``(i) The Defense Logistics Agency.
``(ii) The Strategic Capabilities Office.
``(iii) The Defense Advanced Research Projects
Agency.
``(iv) The Office of the Under Secretary of Defense
for Research and Engineering.''.
(2) Timing.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall appoint
the additional members of the working group required under
paragraph (3)(D) of such section, as added by paragraph (1) of
this subsection.
(b) Meetings.--Such section is further amended by adding at the end
the following new paragraph:
``(6) The working group under paragraph (1) shall meet not less
frequently than quarterly.''.
(c) Reports.--Such section is further amended by adding at the end
the following new paragraph:
``(7) Not later than February 1 of each year, the working group
under paragraph (1) shall submit to the congressional defense
committees a report that contains a description of any shortfalls in
personnel, equipment, infrastructure, energy and storage, or
capabilities required to support the operational plans of the
Department of Defense.''.
SEC. 356. ESTABLISHMENT OF CAISSON PLATOON TO SUPPORT MILITARY AND
STATE FUNERAL SERVICES.
(a) In General.--There is established in the Department of the Army
an equine unit, to be known as the Caisson Platoon, assigned to the 3rd
Infantry Regiment of the Army, for the purposes of conducting military
and State funerals and for other purposes.
(b) Prohibition on Elimination.--The Secretary of the Army may not
eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army
established under subsection (a).
(c) Briefing.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and not less frequently than every
180 days thereafter until March 31, 2027, the Secretary of the
Army shall provide to the congressional defense committees a
briefing on the health, welfare, and sustainment of military
working equids.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An assessment of the ability of the Caisson
Platoon of the 3rd Infantry Regiment of the Army to
support military funeral operations within Arlington
National Cemetery, including milestones associated with
achieving full operational capability for the Caisson
Platoon.
(B) An update on the plan of the task force of the
Army on military working equids to promote, support,
and sustain animal health and welfare.
(C) An update on the plan of such task force to
ensure that support by the Caisson Platoon of Arlington
National Cemetery and State funerals is never suspended
again.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS PENDING 30-YEAR
SHIPBUILDING PLAN THAT MAINTAINS 31 AMPHIBIOUS WARSHIPS
FOR THE DEPARTMENT OF THE NAVY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2024 for Administration
and Servicewide Activities, Operation and Maintenance, Navy, not more
than 50 percent may be obligated or expended until the date on which
the Secretary of the Navy submits to the congressional defense
committees a 30-year shipbuilding plan that meets the statutory
requirement in section 8062(b) of title 10, United States Code, to
maintain 31 amphibious warships.
(b) Amphibious Warship Defined.--In this section, the term
``amphibious warship'' means a ship that is classified as an amphibious
assault ship (general purpose) (LHA), an amphibious assault ship
(multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock
landing ship (LSD) that is included in the Battle Force Inventory in
accordance with instruction 5030.8D of the Secretary of the Navy, or
successor instruction.
SEC. 358. MODIFICATION OF RULE OF CONSTRUCTION REGARDING PROVISION OF
SUPPORT AND SERVICES TO NON-DEPARTMENT OF DEFENSE
ORGANIZATIONS AND ACTIVITIES.
Section 2012(i) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as
redesignated by paragraph (1), by striking ``Nothing in this
section'' and inserting ``(1) Nothing in this section'';
(3) in subparagraph (A), as so redesignated, by inserting
``, except as provided in paragraph (2),'' before ``for
response''; and
(4) by adding at the end the following new paragraph:
``(2) Funds available to the Secretary of a military department for
operation and maintenance for the Innovative Readiness Training program
may be expended under this section, upon approval by the Secretary
concerned, to assist in demolition, clearing of roads, infrastructure
improvements, and construction to restore an area after a natural
disaster.''.
SEC. 359. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE FOR REVIEW OF MISSION OBSTRUCTIONS.
(a) Projects Proposed Within Two Nautical Miles of Any Active
Intercontinental Ballistic Missile Launch Facility or Control Center.--
Section 183a of title 10, United States Code, is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (B), by inserting ``or any
active intercontinental ballistic missile launch
facility or control center'' after ``military training
routes''; and
(B) in subparagraph (E), by striking ``or a Deputy
Under Secretary of Defense'' and inserting ``a Deputy
Under Secretary of Defense, or, in the case of a
geographic area of concern related to an active
intercontinental ballistic missile launch facility or
control center, the Assistant Secretary of Defense for
Energy, Installations, and Environment''; and
(2) in subsection (e)(1)--
(A) in the first sentence--
(i) by striking ``The Secretary'' and
inserting ``(A) The Secretary''; and
(ii) by inserting ``or antenna structure
project'' after ``energy project'';
(B) in the second sentence, by striking ``The
Secretary of Defense's finding of unacceptable risk to
national security'' and inserting the following:
``(C) Any finding of unacceptable risk to national security by the
Secretary of Defense under this paragraph''; and
(C) by inserting after subparagraph (A), as
designated by subparagraph (A)(i) of this paragraph,
the following new subparagraph:
``(B)(i) In the case of any energy project or antenna structure
project with proposed structures more than 200 feet above ground level
located within two nautical miles of an active intercontinental
ballistic missile launch facility or control center, the Secretary of
Defense shall issue a finding of unacceptable risk to national security
for such project if the mitigation actions identified pursuant to this
section do not include removal of all such proposed structures from
such project after receiving notice of presumed risk from the
Clearinghouse under subsection (c)(2).
``(ii) Clause (i) does not apply to structures approved before the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2024 or to structures that are re-powered with updated
technology in the same location as previously approved structures.''.
(b) Inclusion of Antenna Structure Projects.--
(1) In general.--Such section is further amended--
(A) by inserting ``or antenna structure projects''
after ``energy projects'' each place it appears; and
(B) by inserting ``or antenna structure project''
after ``energy project'' each place it appears (except
for subsections (e)(1) and (h)(2)).
(2) Antenna structure project defined.--Section 183a(h) of
such title is amended--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `antenna structure project'--
``(A) means a project to construct a structure
located within two nautical miles of any
intercontinental ballistic missile launch facility or
control center that is constructed or used to transmit
radio energy or that is constructed or used for the
primary purpose of supporting antennas to transmit or
receive radio energy (or both), and any antennas and
other appurtenances mounted on the structure, from the
time construction of the supporting structure begins
until such time as the supporting structure is
dismantled; and
``(B) does not include any project in support of or
required by an intercontinental ballistic missile
launch facility or control center.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2024, as follows:
(1) The Army, 452,000.
(2) The Navy, 342,000.
(3) The Marine Corps, 172,300.
(4) The Air Force, 320,000.
(5) The Space Force, 9,400.
SEC. 402. END STRENGTH LEVEL MATTERS.
Section 115 of title 10, United States Code, is amended--
(1) in subsection (f)(2), by striking ``not more than 2
percent'' and inserting ``not more than 3 percent''; and
(2) in subsection (g)(1), by striking subparagraphs (A) and
(B) and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection
(a)(1)(A) for a fiscal year for the armed force or
forces under the jurisdiction of that Secretary by a
number not equal to more than 2 percent of such
authorized end strength;
``(B) vary the end strength pursuant to subsection
(a)(1)(B) for a fiscal year for the armed force or
forces under the jurisdiction of that Secretary by a
number not equal to more than 2 percent of such
authorized end strength; and
``(C) vary the end strength pursuant to subsection
(a)(2) for a fiscal year for the Selected Reserve of
the reserve component of the armed force or forces
under the jurisdiction of that Secretary by a number
equal to not more than 2 percent of such authorized end
strength.''.
SEC. 403. EXTENSION OF ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.
Section 403(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended
by striking ``December 31, 2023'' and inserting ``October 1, 2025''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2024, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 174,800.
(3) The Navy Reserve, 57,200.
(4) The Marine Corps Reserve, 33,600.
(5) The Air National Guard of the United States, 105,000.
(6) The Air Force Reserve, 69,600.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2024, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,327.
(4) The Marine Corps Reserve, 2,355.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2024 for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 7,990.
(3) For the Air National Guard of the United States,
10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual status)
employed under the authority of subsection (a) may not exceed 25
percent of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2024, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2024 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2024.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTH: GENERAL AND FLAG OFFICERS ON ACTIVE
DUTY.
(a) Repeal of Obsolete Authority; Redesignation.--Chapter 32 of
title 10, United States Code, is amended--
(1) by repealing section 526;
(2) by redesignating section 526a as section 526;
(3) in the table of sections for such chapter, by striking
the item relating to section 526a; and
(4) in the section heading for section 526, as redesignated
by paragraph (2), by striking ``after December 31, 2022''.
(b) Increased Authorized Strength.--Section 526 of title 10, United
States Code, as redesignated and amended by subsection (a), is further
amended--
(1) in subsection (a)--
(A) by striking ``after December 31, 2022,'';
(B) in paragraph (1), by striking ``218'' and
inserting ``219'';
(C) in paragraph (2), by striking ``149'' and
inserting ``150'';
(D) in paragraph (3), by striking ``170'' and
inserting ``171''; and
(E) in paragraph (4), by striking ``62'' and
inserting ``64''; and
(2) by redesignating the second subsection designated as
subsection (i) as subsection (j).
(c) Repeal of Exclusion of Officers Serving as Lead Special Trial
Counsel From Limitations on Authorized Strengths.--Section 506 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
is hereby repealed.
SEC. 502. PROHIBITION ON APPOINTMENT OR NOMINATION OF CERTAIN OFFICERS
WHO ARE SUBJECT TO SPECIAL SELECTION REVIEW BOARDS.
(a) Officers on Active-duty List.--
Section 628a(a)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(B) shall not be forwarded for appointment or nomination
to the Secretary of Defense, the President, or the Senate, as
applicable.''.
(b) Officers on Reserve Active-status List.--
Section 14502a(a)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(B) shall not be forwarded for appointment or nomination
to the Secretary of Defense, the President, or the Senate, as
applicable.''.
SEC. 503. EXCLUSION OF OFFICERS WHO ARE LICENSED BEHAVIORAL HEALTH
PROVIDERS FROM LIMITATIONS ON ACTIVE DUTY COMMISSIONED
OFFICER END STRENGTHS.
Section 523(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Officers who are licensed behavioral health
providers, including clinical psychologists, social workers,
and mental health nurse practitioners.''.
SEC. 504. UPDATING AUTHORITY TO AUTHORIZE PROMOTION TRANSFERS BETWEEN
COMPONENTS OF THE SAME SERVICE OR A DIFFERENT SERVICE.
(a) Warrant Officers Transferred Between Components Within the Same
or a Different Uniformed Service.--Section 578 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(g) Notwithstanding subsection (d), and subject to regulations
prescribed by the Secretary of Defense, in the case of a warrant
officer who is selected for promotion by a selection board convened
under this chapter, and prior to the placement of the warrant officer's
name on the applicable promotion list is approved for transfer to a new
component within the same or a different uniformed service, the
Secretary concerned may place the warrant officer's name on a
corresponding promotion list of the new component without regard to the
warrant officer's competitive category. A warrant officer's promotion
under this subsection shall be made pursuant to section 12242 of this
title.''.
(b) Officers Transferred to Reserve Active Status List.--
(1) In general.--Section 624 of such title is amended by
adding at the end the following new subsections:
``(e) Notwithstanding subsection (a)(2), in the case of an officer
who is selected for promotion by a selection board convened under this
chapter, and prior to the placement of the officer's name on the
applicable promotion list is approved for transfer to the reserve
active status list of the same or a different uniformed service, the
Secretary concerned may place the officer's name on a corresponding
promotion list on the reserve active-status list without regard to the
officer's competitive category. An officer's promotion under this
subsection shall be made pursuant to section 14308 of this title.
``(f) Notwithstanding subsection (a)(3), in the case of an officer
who is placed on an all-fully-qualified-officers list, and is
subsequently approved for transfer to the reserve active status list,
the Secretary concerned may place the officer's name on an appropriate
all-fully-qualified-officers list on the reserve active status list. An
officer's promotion under this subsection shall be made pursuant to
section 14308 of this title.''.
(2) Date of rank.--Section 14308(c) of such title is
amended--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) The Secretary concerned may adjust the date of rank of an
officer whose name is placed on a reserve active status promotion list
pursuant to subsection (e) or (f) of section 624 of this title.''.
SEC. 505. EFFECT OF FAILURE OF SELECTION FOR PROMOTION.
(a) Effect of Failure of Selection for Promotion: Captains and
Majors of the Army, Air Force, Marine Corps, and Space Force and
Lieutenants and Lieutenant Commanders of the Navy.--
(1) In general.--Section 632 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``and
Marine Corps'' and inserting ``Marine Corps, and Space
Force'';
(B) in subsection (a)(1), by striking ``President
approves the report of the board which considered him
for the second time'' and inserting ``Secretary
concerned releases the promotion results of the board
which considered the officer for the second time to the
public''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of title 10, United States Code, is
amended by striking the item relating to section 632 and
inserting the following new item:
``632. Effect of failure of selection for promotion: captains and
majors of the Army, Air Force, Marine
Corps, and Space Force and lieutenants and
lieutenant commanders of the Navy.''.
(b) Retirement of Regular Officers of the Navy for Length of
Service or Failure of Selection for Promotion.--Section 8372(a)(2)(A)
of title 10, United States Code, is amended by striking ``President
approves the report of the board which considered him for the second
time'' and inserting ``Secretary concerned releases the promotion
results of the board which considered the officer for the second time
to the public''.
SEC. 506. PERMANENT AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY APPOINTMENTS.
(a) In General.--Section 688a of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``Retired aviators:
temporary authority'' and inserting ``Authority'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively; and
(4) in subsection (f), as redesignated by paragraph (3), by
striking ``limitations in subsections (c) and (f)'' and
inserting ``limitation in subsection (c)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of title 10, United States Code, is amended by striking the
item relating to section 688a and inserting the following new item:
``688a. Authority to order to active duty in high-demand, low-density
assignments.''.
SEC. 507. WAIVER AUTHORITY EXPANSION FOR THE EXTENSION OF SERVICE
OBLIGATION FOR MARINE CORPS CYBERSPACE OPERATIONS
OFFICERS.
(a) Required Service.--Section 651(c) of title 10, United States
Code, is amended--
(1) in paragraph (1), by inserting ``or in the case of an
unrestricted officer designated within a cyberspace
occupational specialty'' before the period at the end; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of an unrestricted officer who has been
designated with a cyberspace occupational specialty, the period
of obligated service specified in such contract or
agreement.''.
(b) Minimum Service Requirement for Certain Cyberspace Occupational
Specialties.--
(1) In general.--Chapter 37 of title 10, United States
Code, is amended by inserting after section 653 the new
following section:
``Sec. 654. Minimum service requirement for certain cyberspace
occupational specialties
``(a) Cyberspace Operations Officer.--The minimum service
obligation for any member who successfully completes training in the
armed forces in direct accession to the cyberspace operations officer
occupational specialty of the Marine Corps shall be 8 years.
``(b) Service Obligation Defined.--In this section, the term
`service obligation' means the period of active duty or, in the case of
a member of a reserve component who completed cyberspace operations
training in an active duty for training status as a member of a reserve
component, the period of service in an active status in the Selected
Reserve, required to be served after completion of cyberspace
operations training.''.
(2) Table of sections amendment.--The table of sections at
the beginning of such chapter 37 is amended by inserting after
the item relating to section 653 the following new item:
``654. Minimum service requirement for certain cyberspace occupational
specialties.''.
SEC. 508. REMOVAL OF ACTIVE DUTY PROHIBITION FOR MEMBERS OF THE AIR
FORCE RESERVE POLICY COMMITTEE.
Section 10305 of title 10, United States Code, is amended_
(1) in subsection (b), by striking ``not on active duty''
both places it appears; and
(2) in subsection (c)--
(A) by inserting ``of the reserve components''
after ``among the members''; and
(B) by striking ``not on active duty''.
SEC. 509. EXTENSION OF AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS
CONSIDERED FOR PROMOTION TO MAJOR GENERAL.
Subsection (b) of section 503 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1680) is amended
by striking ``shall terminate on December 31, 2022'' and inserting
``shall terminate on December 31, 2024''.
SEC. 510. REALIGNMENT OF NAVY SPOT-PROMOTION QUOTAS.
Section 605(g)(4)(B) of title 10, United States Code, is amended by
striking ``325'' and inserting ``425''.
SEC. 511. MODIFICATION OF LIMITATION ON PROMOTION SELECTION BOARD
RATES.
Section 616 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``The number'' and inserting ``(1)
Except as provided in paragraph (2), the number''; and
(B) by adding at the end the following new
paragraph:
``(2) If a promotion zone established under section 623 of this
title includes less than 50 officers and is established with respect to
promotions to a grade below the grade of colonel or Navy captain, the
Secretary concerned may authorize selection boards convened under
section 611(a) of this title to recommend for promotion a number equal
to not more than 100 percent of the number of officers included in such
promotion zone.''; and
(2) in subsection (e), by striking ``unless he'' and
inserting ``unless the officer''.
SEC. 512. TIME IN GRADE REQUIREMENTS.
Section 1305 of title 10, United States Code, is amended--
(1) in subsection (a)(3), by inserting ``or a Marine Corps
Marine Gunner warrant officer in such grade,'' after ``chief
warrant officer, W-5,'';
(2) in subsection (b), by striking ``when he'' and
inserting ``when the warrant officer''; and
(3) in subsection (c)--
(A) by striking ``as he'' and inserting ``as the
Secretary concerned''; and
(B) by striking ``after he'' and inserting ``after
the warrant officer''.
SEC. 513. FLEXIBILITY IN DETERMINING TERMS OF APPOINTMENT FOR CERTAIN
SENIOR OFFICER POSITIONS.
(a) In General.--Chapter 35 of title 10, United States Code, is
amended by inserting after section 601 the following new section:
``Sec. 602. Flexibility in determining terms of appointment for certain
senior officer positions
``The Secretary of Defense may extend or reduce the duration of an
appointment made under section 152, 154, 7033, 8033, 8043, 9033, and
9082 of this title by up to six months if the Secretary determines that
such an extension or reduction is necessary either in the interests of
national defense, or to ensure an appropriate staggering of terms of
senior military leadership.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 35 of title 10, United States Code, is amended by inserting
after the item relating to section 601 the following new item:
``602. Flexibility in determining terms of appointment for certain
senior officer positions.''.
Subtitle B--Reserve Component Management
SEC. 521. ALTERNATIVE PROMOTION AUTHORITY FOR RESERVE OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES.
(a) In General.--Part III of subtitle E of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 1413--ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES
``Sec.
``15101. Officers in designated competitive categories.
``15102. Selection for promotion.
``15103. Eligibility for consideration for promotion.
``15104. Opportunities for consideration for promotion.
``15105. Promotions.
``15106. Failure of selection for promotion.
``15107. Retirement: retirement for years of service; selective early
retirement.
``15108. Continuation on the Reserve Active-Status List.
``15109. Other administrative authorities.
``15110. Regulations.
``Sec. 15101. Officers in designated competitive categories
``(a) Authority to Designate Competitive Categories of Officers.--
Each Secretary of a military department may designate one or more
competitive categories for promotion of officers under section 14005 of
this title that are under the jurisdiction of such Secretary as a
competitive category of officers whose promotion, retirement, and
continuation on the reserve active-status list shall be subject to the
provisions of this chapter.
``(b) Limitation on Exercise of Authority.--The Secretary of a
military department may not designate a competitive category of
officers for purposes of this chapter until 60 days after the date on
which the Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a report on the designation of
the competitive category. The report on the designation of a
competitive category shall set forth the following:
``(1) A detailed description of officer requirements for
officers within the competitive category.
``(2) An explanation of the number of opportunities for
consideration for promotion to each particular grade, and an
estimate of promotion timing, within the competitive category.
``(3) An estimate of the size of the promotion zone for
each grade within the competitive category.
``(4) A description of any other matters the Secretary
considered in determining to designate the competitive category
for purposes of this chapter.
``Sec. 15102. Selection for promotion
``(a) In General.--Except as provided in this section, the
selection for promotion of officers in any competitive category of
officers designated for purposes of this chapter shall be governed by
the provisions under chapter 1403 of this title.
``(b) No Recommendation for Promotion of Officers Below Promotion
Zone.--Section 14301(d) of this title shall not apply to the selection
for promotion of officers described in subsection (a).
``(c) Recommendation for Officers to Be Excluded From Future
Consideration for Promotion.--In making recommendations pursuant to
chapter 1403 of this title for purposes of the administration of this
chapter, a selection board convened under section 14101(a) of this
title may recommend that an officer considered by the board be excluded
from future consideration for promotion under this chapter.
``Sec. 15103. Eligibility for consideration for promotion
``(a) In General.--Except as provided by this section, eligibility
for promotion of officers in any competitive category of officers
designated for purposes of this chapter shall be governed by the
provisions of sections 14301, 14303, and 14304 of this title.
``(b) Inapplicability of Certain Time-in-grade Requirements.--
Sections 14303 and 14304 of this title shall not apply to the promotion
of officers described in subsection (a).
``(c) Inapplicability to Officers Above and Below Promotion Zone.--
The following provisions of this title shall not apply to the promotion
of officers described in subsection (a):
``(1) The reference in section 14301(b) to an officer above
the promotion zone.
``(2) Section 14301(d).
``(d) Ineligibility of Certain Officers.--The following officers
are not eligible for promotion under this chapter:
``(1) An officer described in section 14301(c) of this
title.
``(2) An officer not included within the promotion zone.
``(3) An officer who has failed of promotion to a higher
grade the maximum number of times specified for opportunities
for promotion for such grade within the competitive category
concerned pursuant to section 15104 of this title.
``(4) An officer recommended by a selection board to be
removed from consideration for promotion in accordance with
section 15102(c) of this title.
``Sec. 15104. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for Consideration
for Promotion.--In designating a competitive category of officers
pursuant to section 15101 of this title, the Secretary of a military
department shall specify the number of opportunities for consideration
for promotion to be afforded officers of the armed force concerned
within the category for promotion to each grade above the grade of
first lieutenant or lieutenant (junior grade), as applicable.
``(b) Limited Authority of Secretary of Military Department to
Modify Number of Opportunities.--The Secretary of a military department
may modify the number of opportunities for consideration for promotion
to be afforded officers of an armed force within a competitive category
for promotion to a particular grade, as previously specified by the
Secretary pursuant subsection (a) of this subsection, not more
frequently than once every five years.
``(c) Discretionary Authority of Secretary of Defense to Modify
Number of Opportunities.--The Secretary of Defense may modify the
number of opportunities for consideration for promotion to be afforded
officers of an armed force within a competitive category for promotion
to a particular grade, as previously specified or modified pursuant to
any provision of this section, at the discretion of the Secretary.
``(d) Limitation on Number of Opportunities Specified.--The number
of opportunities for consideration for promotion to be afforded
officers of an armed force within a competitive category for promotion
to a particular grade, as specified or modified pursuant to any
provision of this section, may not exceed five opportunities.
``(e) Effect of Certain Reduction in Number of Opportunities
Specified.--If, by reason of a reduction in the number of opportunities
for consideration for promotion under this section, an officer would no
longer have one or more opportunities for consideration for promotion
that were available to the officer before the reduction, the officer
shall be afforded one additional opportunity for consideration for
promotion after the reduction.
``Sec. 15105. Promotions
``Sections 14307 through 14317 of this title shall apply in
promotions of officers in competitive categories of officers designated
for purposes of this chapter.
``Sec. 15106. Failure of selection for promotion
``(a) In General.--Except as provided in this section, sections
14501 through 14513 of this title shall apply to promotions of officers
in competitive categories of officers designated for purposes of this
chapter.
``(b) Inapplicability of Failure of Selection for Promotion to
Officers Above Promotion Zone.--The reference in section 14501 of this
title to an officer above the promotion zone shall not apply in the
promotion of officers described in subsection (a).
``(c) Special Selection Board Matters.--The reference in section
14502(a)(1) of this title to a person above the promotion zone shall
not apply in the promotion of officers described in subsection (a).
``(d) Effect of Failure of Selection.--In the administration of
this chapter pursuant to subsection (a)--
``(1) an officer described in subsection (a) shall not be
deemed to have failed twice of selection for promotion for
purposes of section 14502(b) of this title until the officer
has failed selection of promotion to the next higher grade the
maximum number of times specified for opportunities for
promotion to such grade within the competitive category
concerned pursuant to section 15104 of this title; and
``(2) any reference in sections 14504 through 14506 of this
title to an officer who has failed of selection for promotion
to the next higher grade for the second time shall be deemed to
refer instead to an officer described in subsection (a) who has
failed of selection for promotion to the next higher grade for
the maximum number of times specified for opportunities for
promotion to such grade within the competitive category
concerned pursuant to such section 15104.
``Sec. 15107. Retirement: retirement for years of service; selective
early retirement
``(a) Retirement for Years of Service.--Sections 14507 through
14515 of this title shall apply to the retirement of officers in
competitive categories of officers designated for purposes of this
chapter.
``(b) Selective Early Retirement.--Section 14101(b) of this title
shall apply to the retirement of officers described in subsection (a).
``Sec. 15108. Continuation on the Reserve Active-Status List
``Sections 14701 through 14703 of this title shall apply in
continuation or retention on a reserve active-status list of officers
designated for purposes of this chapter.
``Sec. 15109. Other administrative authorities
``(a) In General.--The following provisions of this title shall
apply to officers in competitive categories of officers designated for
purposes of this chapter:
``(1) Section 14518, relating to continuation of officers
to complete disciplinary action.
``(2) Section 14519, relating to deferment of retirement or
separation for medical reasons.
``(3) Section 14704, relating to the selective early
removal from the reserve active-status list.
``(4) Section 14705, relating to the selective early
retirement of reserve general and flag officers of the Navy and
Marine Corps.
``Sec. 15110. Regulations
``The Secretary of Defense shall prescribe regulations regarding
the administration of this chapter. The elements of such regulations
shall include mechanisms to clarify the manner in which provisions of
other chapters of this part of the title shall be used in the
administration of this chapter in accordance with the provisions of
this chapter.''.
(b) Table of Chapters Amendment.--The table of chapters at the
beginning of part III of subtitle E of title 10, United States Code, is
amended by adding at the end the following new item:
``1413. Alternative promotion authority for officers in 15101''.
designated competitive
categories.
SEC. 522. SELECTED RESERVE AND READY RESERVE ORDER TO ACTIVE DUTY TO
RESPOND TO A SIGNIFICANT CYBER INCIDENT.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``for any named
operational mission'';
(2) by redesignating subsections (c) through (j) as
subsections (d) through (k), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Significant Cyber Incidents.--The Secretary of Defense and
the Secretary of the Department in which the Coast Guard is operating
may, without the consent of the member affected, order any unit, and
any member not assigned to a unit organized to serve as a unit, of the
Selected Reserve or Individual Ready Reserve to active duty for a
continuous period of not more than 365 days when the Secretary of
Defense or, with respect to the Coast Guard, the Secretary of the
Department in which the Coast Guard is operating determines it is
necessary to augment the active forces for the respective responses
from the Department of Defense or the Department of Homeland Security
to a covered incident.'';
(4) in paragraph (1) of subsection (d), as redesignated by
paragraph (2) of this section, by inserting ``or subsection
(c)'' after ``subsection (b)'';
(5) in subsection (h) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Whenever any'' and inserting
``(1) Whenever any''; and
(C) by adding at the end the following new
paragraph:
``(2) Whenever any unit of the Selected Reserve or any member of
the Selected Reserve not assigned to a unit organized to serve as a
unit, or any member of the Individual Ready Reserve, is ordered to
active duty under authority of subsection (c), the service of all units
or members so ordered to active duty may be terminated by--
``(A) order of the Secretary of Defense or the Secretary of
the Department in which the Coast Guard is operating; or
``(B) law.''; and
(6) in subsection (k) (as so redesignated)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `covered incident' means--
``(A) a cyber incident involving a Department of
Defense information system, or a breach of a Department
of Defense system that involves personally identifiable
information, that the Secretary of Defense determines
is likely to result in demonstrable harm to the
national security interests, foreign relations, or the
economy of the United States, or to the public
confidence, civil liberties, or public health and
safety of the people of the United States;
``(B) a cyber incident involving a Department of
Homeland Security information system or a breach of a
Department of Homeland Security system that involves
personally identifiable information that the Secretary
of Homeland Security determines is likely to result in
demonstrable harm to the national security interests,
foreign relations, or the economy of the United States
or to the public confidence, civil liberties, or public
health and safety of the people of the United States;
``(C) a cyber incident or collection of related
cyber incidents that the President determines is likely
to result in demonstrable harm to the national security
interests, foreign relations, or economy of the United
States or to the public confidence, civil liberties, or
public health and safety of the people of the United
States; or
``(D) a significant incident declared pursuant to
section 2233 of the Homeland Security Act of 2002 (6
U.S.C. 677b).''.
SEC. 523. MOBILIZATION OF SELECTED RESERVE FOR PREPLANNED MISSIONS IN
SUPPORT OF THE COMBATANT COMMANDS.
Section 12304b(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``Units'' and inserting ``(A) Except as
provided under subparagraph (B), units''; and
(3) by adding at the end the following new subparagraph:
``(B) In the event the President's budget is delivered
later than April 1st in the year prior to the year of the
mobilization of one or more units under this section, the
Secretary concerned may submit to Congress the information
required under subparagraph (A) in a separate notice.''.
SEC. 524. ALTERNATING SELECTION OF OFFICERS OF THE NATIONAL GUARD AND
THE RESERVES AS DEPUTY COMMANDERS OF CERTAIN COMBATANT
COMMANDS.
Section 164(e)(4) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``At least one deputy
commander''; and
(2) by adding at the end the following new subparagraphs:
``(B) In carrying out the requirement in subparagraph (A)
pertaining to the selection of an officer of the reserve component, the
Secretary of Defense shall alternate between selecting an officer of
the National Guard and an officer of the Reserves no less frequently
than every two terms.
``(C) The Secretary of Defense may waive the requirement under
subparagraph (B) regarding the alternating selection of reserve
component officers if the Secretary of Defense determines that such
action is in the national interest.''.
SEC. 525. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade and Exclusion From General and Flag Officer Authorized
Strength.--(1) The Vice Chief of the National Guard Bureau shall be
appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526a of this title, the position of Vice
Chief of the National Guard Bureau as one of the general officer and
flag officer positions to be excluded from the limitations in
subsection (a) of such section.''.
Subtitle C--General Service Authorities and Military Records
SEC. 531. MODIFICATION OF LIMITATION ON ENLISTMENT AND INDUCTION OF
PERSONS WHOSE SCORE ON THE ARMED FORCES QUALIFICATION
TEST IS BELOW A PRESCRIBED LEVEL.
Section 520(a) of title 10, United States Code, is amended--
(1) by striking ``The number of persons'' and inserting
``(1) The number of persons'';
(2) by striking ``may not exceed 20 percent'' and inserting
``may not exceed 4 percent''; and
(3) by adding at the end the following new paragraph:
``(2) Upon the request of the Secretary concerned, the Secretary of
Defense may authorize an armed force to increase the limitation
specified in paragraph (1) to not exceed 20 percent of the total number
of persons originally enlisted or inducted to serve on active duty
(other than active duty for training) in such armed forced during such
fiscal year. The Secretary of Defense shall notify the Committees on
Armed Services of the Senate and the House of Representatives not later
than 30 days after using such authority.''.
SEC. 532. NON-MEDICAL COUNSELING SERVICES FOR MILITARY FAMILIES.
Section 1781 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Non-medical Counseling Services.--(1) In carrying out its
duties under subsection (b), the Office may coordinate programs and
activities to provide non-medical counseling services to military
families through the Department of Defense Military and Family Life
Counseling Program.
``(2) A mental health care professional described in paragraph (3)
may provide non-medical counseling services at any location in a State,
the District of Columbia, or a territory or possession of the United
States, without regard to where the professional or recipient of such
services is located or delivery of such services is provided (including
face-to-face and telehealth), if the provision of such services is
within the scope of the authorized Federal duties of the professional.
``(3) A non-medical mental health professional described in this
subsection is a person who is--
``(A) a currently licensed mental health care provider who
holds a license that is--
``(i) issued by a State, the District of Columbia,
or a territory or possession of the United States; and
``(ii) recognized by the Secretary of Defense as an
appropriate license for the provision of non-medical
counseling services;
``(B) a member of the armed forces, a civilian employee of
the Department of Defense, or a contractor designated by the
Secretary; and
``(C) performing authorized duties for the Department of
Defense under a program or activity referred to in paragraph
(1).
``(4) The authority under this subsection shall terminate three
years after the date of the enactment of this subsection.
``(5) In this subsection, the term `non-medical counseling
services' means mental health care services that are non-clinical,
short-term and solution focused, and address topics related to personal
growth, development, and positive functioning.''.
SEC. 533. PRIMACY OF NEEDS OF THE SERVICE IN DETERMINING INDIVIDUAL
DUTY ASSIGNMENTS.
(a) In General.--Chapter 39 of title 10, United States Code, is
amended by inserting after section 674 the following new section:
``Sec. 675. Primacy of needs of the service in determining individual
duty assignments
``(a) In General.--The Secretaries of the military departments
shall make duty assignments of individual members based on the needs of
the military services.
``(b) Assignments Based on Service Needs.--A servicemember's
opinion on State laws shall not take precedence over the needs of the
military services in determining individual duty assignments.
``(c) Rule of Construction.--Nothing in this section shall be
construed as prohibiting the Secretaries of the military departments
from considering the general preferences of members of the armed forces
in making determinations about individual duty assignments.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
674 the following new item:
``675. Primacy of needs of the service in determining individual duty
assignments.''.
SEC. 534. REQUIREMENT TO USE QUALIFICATIONS, PERFORMANCE, AND MERIT AS
BASIS FOR PROMOTIONS, ASSIGNMENTS, AND OTHER PERSONNEL
ACTIONS.
The Secretary of Defense shall ensure that all promotions,
assignments, and other personnel actions of the Armed Forces are based
primarily on qualifications, performance, and merit.
SEC. 535. REQUIREMENT TO BASE TREATMENT IN THE MILITARY ON MERIT AND
PERFORMANCE.
(a) Findings.--Congress makes the following findings:
(1) The United States Armed Forces is the greatest civil
rights program in the history of the world.
(2) Former Chairman of the Joint Chiefs General Colin
Powell wrote that ``the military [has] given African-Americans
more equal opportunity than any other institution in American
society''.
(3) Today's Armed Forces is the most diverse large public
institution in the country, and brings together Americans from
every background in the service of defending the country.
(4) Military readiness depends on the guarantee of equal
opportunity, without the promise of an equal outcome, because
warfare is a competitive endeavor and the nation's enemies must
know that the United States Armed Forces is led by the best,
brightest, and bravest Americans.
(5) The tenets of critical race theory are antithetical to
the merit-based, all-volunteer, military that has served the
country with great distinction for the last 50 years.
(b) Definition of Equity.--For the purposes of any Department of
Defense Diversity, Equity, and Inclusion directive, program, policy, or
instruction, the term ``equity'' is defined as ``the right of all
persons to have the opportunity to participate in, and benefit from,
programs, and activities for which they are qualified''.
(c) Prohibitions.--
(1) Directives.--The Department of Defense shall not direct
or otherwise compel any member of the Armed Forces, military
dependent, or civilian employee of the Department of Defense to
personally affirm, adopt, or adhere to the tenet that any sex,
race, ethnicity, religion or national origin is inherently
superior or inferior.
(2) Training and instruction.--No organization or
institution under the authority of the Secretary of Defense may
provide courses, training, or any other type of instruction
that directs, compels, or otherwise suggests that members of
the Armed Forces, military dependents, or civilian employees of
the Department of Defense should affirm, adopt, or adhere to
the tenet described in paragraph (1).
(3) Distinctions and classifications.--
(A) In general.--No organization or institution
under the authority of the Secretary of Defense shall
make a distinction or classification of members of the
Armed Forces, military dependents, or civilian
employees of the Department of Defense based on account
of race, ethnicity, or national origin.
(B) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit the required
collection or reporting of demographic information by
the Department of Defense.
(d) Merit Requirement.--All Department of Defense personnel
actions, including accessions, promotions, assignments and training,
shall be based exclusively on individual merit and demonstrated
performance.
SEC. 536. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.
(a) Establishment of Tiger Team.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a team (commonly known as a ``tiger team'' and
referred to in this section as the ``Tiger Team'') responsible
for conducting outreach to build awareness among former members
of the Armed Forces of the process established pursuant to
section 527 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552 note) for
the review of discharge characterizations by appropriate
discharge boards. The Tiger Team shall consist of appropriate
personnel of the Department of Defense assigned to the Tiger
Team by the Secretary for purposes of this section.
(2) Tiger team leader.--One of the persons assigned to the
Tiger Team under paragraph (1) shall be a senior-level officer
or employee of the Department who shall serve as the lead
official of the Tiger Team (in this section referred to as the
``Tiger Team Leader'') and who shall be accountable for the
activities of the Tiger Team under this section.
(3) Report on composition.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report setting forth the names of the
personnel of the Department assigned to the Tiger Team pursuant
to this subsection, including the positions to which assigned.
The report shall specify the name of the individual assigned as
Tiger Team Leader.
(b) Duties.--
(1) In general.--The Tiger Team shall conduct outreach to
build awareness among veterans of the process established
pursuant to section 527 of the National Defense Authorization
Act for Fiscal Year 2020 for the review of discharge
characterizations by appropriate discharge boards.
(2) Collaboration.--In conducting activities under this
subsection, the Tiger Team Leader shall identify appropriate
external stakeholders with whom the Tiger Team shall work to
carry out such activities. Such stakeholders shall include
representatives of veterans service organizations and such
other stakeholders as the Tiger Team Leader considers
appropriate.
(3) Initial report.--Not later than 210 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which
the Secretary, working through the Tiger Team
and in collaboration with external stakeholders
described in paragraph (2), shall identify
individuals who meet the criteria in section
527(b) of the National Defense Authorization
Act for Fiscal Year 2020 for review of
discharge characterization.
(ii) A description of the manner in which
the Secretary, working through the Tiger Team
and in collaboration with the external
stakeholders, shall improve outreach to
individuals who meet the criteria in section
527(b) of the National Defense Authorization
Act for Fiscal Year 2020 for review of
discharge characterization, including through--
(I) obtaining contact information
on such individuals; and
(II) contacting such individuals on
the process established pursuant to
section 527 of the National Defense
Authorization Act for Fiscal Year 2020
for the review of discharge
characterizations.
(B) A description of the manner in which the work
described in clauses (i) and (ii) of subparagraph (A)
will be carried out, including an allocation of the
work among the Tiger Team and the external
stakeholders.
(C) A schedule for the implementation, carrying
out, and completion of the plan required under
subparagraph (A).
(D) A description of the additional funding,
personnel, or other resources of the Department
required to carry out the plan required under
subparagraph (A), including any modification of
applicable statutory or administrative authorities.
(4) Implementation of plan.--
(A) In general.--The Secretary shall implement and
carry out the plan submitted under subparagraph (A) of
paragraph (3) in accordance with the schedule submitted
under subparagraph (C) of that paragraph.
(B) Updates.--Not less frequently than once every
90 days after the submittal of the report under
paragraph (3), the Tiger Team shall submit to Congress
an update on the carrying out of the plan submitted
under subparagraph (A) of that paragraph.
(5) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Tiger Team shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a final report on the activities of the Tiger
Team under this subsection. The report shall set forth the
following:
(A) The number of individuals discharged under
Don't Ask, Don't Tell or a similar policy prior to the
enactment of Don't Ask, Don't Tell.
(B) The number of individuals described in
subparagraph (A) who availed themselves of a review of
discharge characterization (whether through discharge
review or correction of military records) through a
process established prior to the enactment of this Act.
(C) The number of individuals contacted through
outreach conducted pursuant to this section.
(D) The number of individuals described in
subparagraph (A) who availed themselves of a review of
discharge characterization through the process
established pursuant to section 527 of the National
Defense Authorization Act for Fiscal Year 2020.
(E) The number of individuals described in
subparagraph (D) whose review of discharge
characterization resulted in a change of
characterization to honorable discharge.
(F) The total number of individuals described in
subparagraph (A), including individuals also covered by
subparagraph (E), whose review of discharge
characterization since September 20, 2011 (the date of
repeal of Don't Ask, Don't Tell), resulted in a change
of characterization to honorable discharge.
(6) Termination.--On the date that is 60 days after the
date on which the final report required by paragraph (5) is
submitted, the Secretary shall terminate the Tiger Team.
(c) Additional Reports.--
(1) Review.--The Secretary of Defense shall conduct a
review of the consistency and uniformity of the reviews
conducted pursuant to section 527 of the National Defense
Authorization Act for Fiscal Year 2020.
(2) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-year
period, the Secretary shall submit to Congress a report on the
reviews under paragraph (1). Such reports shall include any
comments or recommendations for continued actions.
(d) Don't Ask, Don't Tell Defined.--In this section, the term
``Don't Ask, Don't Tell'' means section 654 of title 10, United States
Code, as in effect before such section was repealed pursuant to the
Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111-321).
SEC. 537. DIVERSITY, EQUITY, AND INCLUSION PERSONNEL GRADE CAP.
(a) In General.--The Secretary concerned may not appoint to, or
otherwise employ in, any position with sole duties as described in
subsection (b) a military or civilian employee paid annual pay at a
rate that exceeds the equivalent of the rate payable for GS-10, not
adjusted for locality.
(b) Covered Duties.--The duties referred to in subsection (a) are
as follows:
(1) Developing, refining, and implementing diversity,
equity, and inclusion policy.
(2) Leading working groups and councils to developing
diversity, equity, and inclusion goals and objectives to
measure performance and outcomes.
(3) Creating and implementing diversity, equity, and
inclusion education, training courses, and workshops for
military and civilian personnel.
(c) Applicability to Current Employees.--Any military or civilian
employee appointed to a position with duties described in subsection
(b) who is paid annual pay at a rate that exceeds the amount allowed
under subsection (a) shall be reassigned to another position not later
than 180 days after the date of the enactment of this Act.
Subtitle D--Military Justice and Other Legal Matters
SEC. 541. ESTABLISHMENT OF STAGGERED TERMS FOR MEMBERS OF THE MILITARY
JUSTICE REVIEW PANEL.
(a) Appointment to Staggered Terms.--Subsection (b) of section 946
of title 10, United States Code (article 146 of the Uniform Code of
Military Justice), is amended by adding at the end the following new
paragraph:
``(4) Establishment of staggered terms.--Notwithstanding
subsection (e), members of the Panel appointed to serve on the
Panel to fill vacancies that exist due to terms of appointment
expiring during the period beginning on August 1, 2030, and
ending on August 31, 2030, shall be appointed to terms as
follows:
``(A) Three members designated by the Secretary of
Defense shall serve a term of two years.
``(B) Three members designated by the Secretary of
Defense shall serve a term of four years.
``(C) Three members designated by the Secretary of
Defense shall serve a term of six years.
``(D) Four members designated by the Secretary of
Defense shall serve a term of eight years.''.
(b) Term; Vacancies.--Subsection (e) of such section is amended to
read as follows:
``(e) Term; Vacancies.--
``(1) Term.--Subject to subsection (b)(4) and paragraphs
(2) and (3) of this subsection, each member shall be appointed
for a term of eight years, and no member may serve more than
one term.
``(2) Vacancy.--Any vacancy in the Panel shall be filled in
the same manner as the original appointment. A member appointed
to fill a vacancy in the Panel that occurs before the
expiration of the term of appointment of the predecessor of
such member shall be appointed for the remainder of the term of
such predecessor.
``(3) Availability of reappointment for certain members.--
Notwithstanding paragraph (1), a member of the Panel may be
appointed to a single additional term if--
``(A) the appointment of the member is to fill a
vacancy described in subsection (b)(4); or
``(B) the member was initially appointed to--
``(i) a term of four years or less in
accordance with subsection (b)(4); or
``(ii) fill a vacancy that occurs before
the expiration of the term of the predecessor
of such member and for which the remainder of
the term of such predecessor is four years or
less.''.
SEC. 542. TECHNICAL AND CONFORMING AMENDMENTS TO THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Technical Amendment Relating to Guilty Pleas for Murder.--
Section 918 of title 10, United States Code (article 118 of the Uniform
Code of Military Justice), is amended--
(1) by striking ``he'' both places it appears and inserting
``such person''; and
(2) in the matter following paragraph (4), by striking the
period and inserting ``, unless such person is otherwise
sentenced in accordance with a plea agreement entered into
between the parties under section 853a (article 53a).''.
(b) Technical Amendments Relating to the Military Justice Reforms
in the National Defense Authorization Act for Fiscal Year 2022.--
(1) Article 16.--Subsection (c)(2)(A) of section 816 of
title 10, United States Code (article 16 of the Uniform Code of
Military Justice), is amended by striking ``by the convening
authority''.
(2) Article 25.--Section 825 of title 10, United States
Code (article 25 of the Uniform Code of Military Justice), is
amended--
(A) in subsection (d)--
(i) in paragraph (1), by striking ``may,
after the findings are announced and before any
matter is presented in the sentencing phase,
request, orally on the record or in writing,
sentencing by the members'' and inserting
``shall be sentenced by the military judge'';
and
(ii) by amending paragraph (2) to read as
follows:
``(2) In a capital case, if the accused is convicted of an
offense for which the court-martial may sentence the accused to
death, the accused shall be sentenced in accordance with
section 853(c) of this title (article 53(c)).'';
(B) in subsection (e)--
(i) in paragraph (1), by striking ``him''
and inserting ``the member being tried''; and
(ii) in paragraph (2)--
(I) in the first sentence, by
striking ``his opinion'' and inserting
``the opinion of the convening
authority''; and
(II) in the second sentence, by
striking ``he'' and inserting ``the
member''; and
(C) in subsection (f)--
(i) by striking ``his authority'' and
inserting ``the authority of the convening
authority''; and
(ii) by striking ``his staff judge advocate
or legal officer'' and inserting ``the staff
judge advocate or legal officer of the
convening authority''.
(c) Authority of Special Trial Counsel With Respect to Certain
Offenses Occurring Before Effective Date of Military Justice Reforms
Enacted in the National Defense Authorization Act for Fiscal Year
2022.--
(1) Authority.--Section 824a of title 10, United States
Code, as added by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), is
amended by adding at the end the following new subsection:
``(d) Special Trial Counsel Authority Over Certain Other
Offenses.--
``(1) Offenses occurring before effective date.--A special
trial counsel may, at the sole and exclusive discretion of the
special trial counsel, exercise authority over the following
offenses:
``(A) An offense under section 917a (article 117a),
918 (article 118), section 919 (article 119), section
920 (article 120), section 920b (article 120b), section
920c (article 120c), section 928b (article 128b), or
the standalone offense of child pornography punishable
under section 934 (article 134) of this title that
occurred on or before December 27, 2023.
``(B) An offense under section 925 (article 125),
section 930 (article 130), or section 932 (article 132)
of this title that occurred on or after January 1,
2019, and before December 28, 2023.
``(C) An offense under section 920a (article 120a)
of this title, an offense under section 925 (article
125) of this title alleging an act of nonconsensual
sodomy, or the standalone offense of kidnapping
punishable under section 934 (article 134) of this
title that occurred before January 1, 2019.
``(D) A conspiracy to commit an offense specified
in subparagraph (A), (B), or (C) as punishable under
section 881 of this title (article 81).
``(E) A solicitation to commit an offense specified
in subparagraph (A), (B), or (C) as punishable under
section 882 of this title (article 82).
``(F) An attempt to commit an offense specified in
subparagraph (A), (B), (C), (D), or (E) as punishable
under section 880 of this title (article 80).
``(2) Effect of exercise of authority.--
``(A) Treatment as covered offense.--If a special
trial counsel exercises authority over an offense
pursuant to paragraph (1), the offense over which the
special trial counsel exercises authority shall be
considered a covered offense for purposes of this
chapter.
``(B) Known or related offenses.--If a special
trial counsel exercises authority over an offense
pursuant to paragraph (1), the special trial counsel
may exercise the authority of the special trial counsel
under subparagraph (B) of subsection (c)(2) with
respect to other offenses described in that
subparagraph without regard to the date on which the
other offenses occur.''.
(2) Conforming amendment to effective date.--Section
539C(a) of the National Defense Authorization Act for Fiscal
Year 2022 (10 U.S.C. 801 note; Public Law 117-81) is amended by
striking ``and shall'' and inserting ``and, except as provided
in section 824a(d) of title 10, United States Code (article 24a
of the Uniform Code of Military Justice), shall''.
(d) Clarification of Applicability of Domestic Violence and
Stalking to Dating Partners.--
(1) Article 128b; domestic violence.--Section 928b of title
10, United States Code (article 128b of the Uniform Code of
Military Justice), is amended--
(A) in the matter preceding paragraph (1), by
striking ``Any person'' and inserting ``(a) In
General.--Any person'';
(B) in subsection (a), as designated by paragraph
(1) of this section, by inserting ``a dating partner,''
after ``an intimate partner,'' each place it appears;
and
(C) by adding at the end the following new
subsection:
``(b) Definitions.--In this section (article), the terms `dating
partner', `immediate family', and `intimate partner' have the meaning
given such terms in section 930 of this title (article 130 of the
Uniform Code of Military Justice).''.
(2) Article 130; stalking.--Section 930 of such title
(article 130 of the Uniform Code of Military Justice) is
amended--
(A) in subsection (a), by striking ``or to his or
her intimate partner'' each place it appears and
inserting ``to his or her intimate partner, or to his
or her dating partner''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through
(5) as paragraphs (4) through (6),
respectively; and
(ii) by inserting after paragraph (2) the
following new paragraph:
``(3) The term `dating partner', in the case of a specific
person, means a person who is or has been in a social
relationship of a romantic or intimate nature with such
specific person based on a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship;
``(C) the frequency of interaction between the
persons involved in the relationship; and
``(D) the extent of physical intimacy or sexual
contact between the persons involved in the
relationship.''.
(e) Effective Date.--The amendments made by subsection (b) and
subsection (c)(1) shall take effect immediately after the coming into
effect of the amendments made by part 1 of subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) as provided in section 539C of that Act (10 U.S.C. 801 note).
SEC. 543. ANNUAL REPORT ON INITIATIVE TO ENHANCE THE CAPABILITY OF
MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS TO PREVENT
AND COMBAT CHILD SEXUAL EXPLOITATION.
In order to effectively carry out the initiative under section 550D
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 1561 note prec.), the Secretary of Defense shall
carry out the following actions:
(1) Not later than 90 days after the date of the enactment
of this Act, and annually thereafter, submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an annual report on
the progress of the initiative carried out under such section,
outlining specific actions taken and planned to detect, combat,
and stop the use of the Department of Defense network to
further online child sexual exploitation (CSE).
(2) Develop partnerships and execute collaborative
agreements with functional experts, including highly qualified
national child protection organizations or law enforcement
training centers with demonstrated expertise in the delivery of
law enforcement training, to identify, investigate and
prosecute individuals engaged in online CSE.
(3) Establish mandatory training for Department of Defense
criminal investigative organizations and personnel at military
installations to maintain capacity and address turnover and
relocation issues.
Subtitle E--Member Education, Training, Transition
SEC. 551. FUTURE SERVICEMEMBER PREPARATORY COURSE.
(a) Requirement.--If the number of nonprior service enlisted
personnel covered under section 520 of title 10, United States Code,
exceeds 10 percent of the total number of persons originally enlisted
in an Armed Force during a fiscal year, the Secretary concerned shall
establish a future servicemember preparatory course within the Armed
Force concerned.
(b) Purpose.--The course established under subsection (a) shall be
designed to improve the physical and aptitude qualifications of
military recruits.
(c) Criteria.--Each course established under this section shall
comply with the following requirements:
(1) Enrollment.--All nonprior service enlisted persons
whose score on the Armed Forces Qualification Test is at or
above the twentieth percentile and below the thirty-first
percentile must be enrolled in the course prior to attending
initial basic training.
(2) Graduation requirement.--Prior to attending initial
basic training, all enlisted persons attending the course
established under this section must achieve a score that
exceeds the thirty-first percentile of the Armed Forces
Qualification Test.
(3) Effect of course failure.--Any enlisted person who
fails to achieve course graduation requirements within 180 days
of enlistment shall be separated under regulations prescribed
by the Secretary concerned.
SEC. 552. DETERMINATION OF ACTIVE DUTY SERVICE COMMITMENT FOR
RECIPIENTS OF FELLOWSHIPS, GRANTS, AND SCHOLARSHIPS.
Section 2603(b) of title 10, United States Code, is amended by
striking ``at least three times the length of the period of the
education or training.'' and inserting ``determined by the Secretary
concerned. Notwithstanding sections 2004(c), 2004a(f), and 2004b(e) of
this title, the service obligation required under this subsection may
run concurrently with any service obligations incurred under chapter
101 of this title in accordance with regulations established by the
Secretary concerned.''.
SEC. 553. MILITARY SERVICE ACADEMY PROFESSIONAL SPORTS PATHWAY REPORT
AND LEGISLATIVE PROPOSAL REQUIRED.
(a) Legislative Proposal.--Not later than March 1, 2024, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report including the
following elements:
(1) A legislative proposal that would--
(A) update and clarify the legislative framework
related to the ability of military service academy
graduates to pursue employment as a professional
athlete prior to serving at least 5 years on active
duty; and
(B) retain the existing requirement that all
military service academy graduates must serve for 2
years on active duty before affiliating with the
reserves to pursue employment as a professional
athlete.
(2) A description of amendments to current law that would
be necessary to implement the legislative proposal described
under paragraph (1).
(b) Report Required.--Not later than March 1, 2024, and annually
thereafter, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a report
that includes the following information:
(1) The name, military service, and sport of each military
service graduate released or deferred from active service in
order to participate in professional sports.
(2) A description of the sports career progress of each
participant, such as drafted, signed, released, or returned to
military service.
(3) A summary by participant of marketing strategy and
recruiting related activities conducted.
(4) A description by participant of the assessments
conducted by the military services to determine the recruiting
value associated with approved releases from active duty.
(5) The current status of each participant, including, as
appropriate, affiliated franchise.
SEC. 554. COMMUNITY COLLEGE ENLISTED TRAINING CORPS DEMONSTRATION
PROGRAM.
(a) Demonstration Program.--
(1) In general.--Not later than August 1, 2025, the
Secretary concerned shall establish within each military
department an Enlisted Training Corps demonstration program for
the purpose of introducing students to the military, and
preparing selected students for enlisted service in the Army,
Navy, Air Force, Marine Corps, or Space Force.
(2) Location.--Demonstration programs established under
this section shall be located at a community or junior college.
No program may be established at a military college or military
junior college as defined for purposes of section 2107a of
title 10, United States Code.
(b) Eligibility for Membership.--To be eligible for membership in a
program under this section, a person must be a student at an
institution where a unit of the Enlisted Training Corps is located.
(c) Instructors.--The Secretary concerned may assign as an
instructor for a unit established under this section an individual
eligible to serve as an instructor under section 2111 or section 2031
of title 10, United States Code. Instructors who are not currently
members on active duty shall be paid in a manner consistent with
section 2031 of title 10, United States Code.
(d) Financial Assistance.--The Secretary of the military department
concerned may provide financial assistance to persons enrolled in a
unit of the Enlisted Training Corps in exchange for an agreement in
writing that the person enlist in the active component of the military
department concerned upon graduation or disenrollment from the
community college. Financial assistance provided under this subsection
may include tuition, living expenses, stipend, or other payment.
(e) Curriculum.--The Secretary concerned shall ensure that any
programs created under this section include as part of the curriculum
the following:
(1) An introduction to the benefits of military service.
(2) Military history.
(3) Military customs and courtesies.
(4) Physical fitness requirements.
(5) Instruction on ethical behavior and decisionmaking.
(f) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act, and annually thereafter until the date
specified by subsection (g), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the status of the demonstration program
required by this section.
(g) Sunset.--The requirements of this provision shall sunset on
September 30, 2030.
SEC. 555. LANGUAGE TRAINING CENTERS FOR MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 529 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2001 note prec.) is amended--
(1) in subsection (a), by striking ``may carry out a
program'' and inserting ``shall carry out a program'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following new
subsection:
``(e) Contract Authority.--The Secretary of Defense may enter into
one or more contracts, cooperative agreements, or grants with private
national organizations having an expertise in foreign languages, area
studies, and other international fields, for the awarding of grants to
accredited universities, senior military colleges, or other similar
institutions of higher education to establish and maintain language
training centers authorized by subsection (a).''; and
(4) in subsection (f), as redesignated by paragraph (2)--
(A) by striking ``one year after the date of the
establishment of the program authorized by subsection
(a)'' and inserting ``180 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024'';
(B) by striking ``report on the program'' and
inserting ``report on the Language Training Center
program'';
(C) by redesignating paragraph (4) as paragraph
(5);
(D) by inserting after paragraph (3) the following
new paragraph:
``(4) An assessment of the resources required to carry out
the Language Training Center program by year through fiscal
year 2027.''; and
(E) in paragraph (5), as redesignated by
subparagraph (C), by striking ``A recommendation
whether the program should be continued and, if so,
recommendations as to any modifications of the
program'' and inserting ``Recommendations as to any
modifications to the Language Training Center
program''.
SEC. 556. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF ARMY
CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act for fiscal year 2024 for the Army to relocate an Army CID
special agent training course may be obligated or expended until--
(1) the Secretary of the Army submits to the Committees on
Armed Services of the Senate and the House of Representatives a
separate report on any plans of the Secretary to relocate an
Army CID special agent training course, including an
explanation of the business case for any transfer of training
personnel proposed as part of such plan; and
(2) the Secretary provides to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the contents of the report specified in paragraph
(1).
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an
Army CID special agent training course, means the transfer of
such course to a location different than the location used for
such course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course''
means a training course provided to members of the Army to
prepare such members for service as special agents in the Army
Criminal Investigation Division.
SEC. 557. ARMY PHYSICAL FITNESS TEST.
(a) In General.--The physical fitness test of record for the United
States Army in compliance with Department of Defense Instruction
1308.03, or any successor regulation, is the Army Physical Fitness Test
according to the grading and evaluation scale as it existed on January
1, 2020. This test shall be the baseline test of physical fitness for
members of the Army and administered at least annually, except when
operational requirements or contingency operations would make such test
administration impracticable.
(b) Updates and Modifications.--Notwithstanding subsection (a), the
Army may update, replace, or modify the events and scoring standards in
the Army Physical Fitness Test as the needs of the Army require after a
robust pilot and testing period of at least 24 months. Such
modifications shall not take effect until the date that is one year
after the Secretary of the Army has provided a briefing on the planned
changes to the Committees on Armed Services of the Senate and the House
of Representatives.
(c) Rule of Construction.--Nothing in this section prohibits the
Army from using the Army Combat Fitness Test, or any other physical
assessment the Army may develop, as a supplemental tool to assess
physical fitness for all or parts of the force. Army Commanders may
also require higher standards than the Army-wide grading scale for
promotions, awards, schools and similar actions. Such supplemental
assessment shall not constitute the baseline physical fitness
assessment of record for the Army unless it is incorporated into the
Army Physical Fitness Test using the procedure described in subsection
(b).
SEC. 558. OPT-OUT SHARING OF INFORMATION ON MEMBERS RETIRING OR
SEPARATING FROM THE ARMED FORCES WITH COMMUNITY-BASED
ORGANIZATIONS AND RELATED ENTITIES.
Section 570F of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 1142 note) is amended--
(1) in subsection (c)--
(A) by striking ``out the form to indicate an email
address'' and inserting the following: ``out the form
to indicate--
``(1) an email address; and''; and
(B) by adding at the end the following new
paragraph:
``(2) if the individual would like to opt-out of the
transmittal of the individual's information to and through a
State veterans agency as described in subsection (a).''; and
(2) by amending subsection (d) to read as follows:
``(d) Opt-out of Information Sharing.--Information on an individual
shall be transmitted to and through a State veterans agency as
described in subsection (a) unless the individual indicates pursuant to
subsection (c)(2) that the individual would like to opt out of such
transmittal.''.
SEC. 559. ESTABLISHMENT OF PROGRAM TO PROMOTE PARTICIPATION OF FOREIGN
STUDENTS IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Establishment.--
(1) In general.--Not later than January 1, 2025, the
Secretary of Defense shall establish a program using the
authority provided under section 2103(b) of title 10, United
States Code, to promote the participation of foreign students
in the Senior Reserve Officers' Training Corps (in this section
referred to as the ``Program'').
(2) Organization.--The Secretary of Defense, in
consultation with the Director of the Defense Security
Cooperation Agency, the Secretaries of the military
departments, the commanders of the combatant commands, the
participant institutions in the Senior Reserve Officers'
Training Corps program, and any other individual the Secretary
of Defense considers appropriate, shall be responsible for, and
shall oversee, the Program.
(b) Objective.--The objective of the Program is to promote the
readiness and interoperability of the United States Armed Forces and
the military forces of partner countries by providing a high-quality,
cost effective military-based educational experience for foreign
students in furtherance of the military-to-military program objectives
of the Department of Defense and to enhance the educational experience
and preparation of future United States military leaders through
increased, extended interaction with highly qualified potential foreign
military leaders.
(c) Activities.--
(1) In general.--Under the Program, the Secretary of
Defense shall--
(A) identify to the military services' Senior
Reserve Officers' Training Corps program the foreign
students who, based on criteria established by the
Secretary, the Secretary recommends be considered for
admission under the Program;
(B) coordinate with partner countries to evaluate
interest in and promote awareness of the Program;
(C) establish a mechanism for tracking an alumni
network of foreign students who participate in the
Program; and
(D) to the extent practicable, work with the
participant institutions in the Senior Reserve
Officers' Training Corps program and partner countries
to identify academic institutions and programs that--
(i) have specialized academic programs in
areas of study of interest to participating
countries; or
(ii) have high participation from or
significant diaspora populations from
participating countries.
(d) Strategy.--
(1) In general.--Not later than September 30, 2024, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a strategy for the implementation
of the Program.
(2) Elements.--The strategy required by paragraph (1) shall
include the following elements:
(A) A governance structure for the Program,
including--
(i) the officials tasked to oversee the
Program;
(ii) the format of the governing body of
the Program;
(iii) the functions and duties of such
governing body with respect to establishing and
maintaining the Program; and
(iv) mechanisms for coordinating with
partner countries whose students are selected
to participate in the Program.
(B) A list of additional authorities,
appropriations, or other congressional support
necessary to ensure the success of the Program.
(C) A description of targeted partner countries and
participant institutions in the Senior Reserve
Officers' Training Corps for the first three fiscal
years of the Program, including a rationale for
selecting such initial partners.
(D) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(E) A description of the mechanism for tracking the
alumni network of participants of the Program.
(F) Any other information the Secretary of Defense
considers appropriate.
(e) Report.--
(1) In general.--Not later than September 20, 2025, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees (as defined in section 101
of title 10, United States Code) a report on the Program.
(2) Elements.--Each report required by paragraph (1) shall
include the following elements:
(A) A narrative summary of activities conducted as
part of the Program during the preceding fiscal year.
(B) An overview of participant Senior Reserve
Officers' Training Corps programs, individuals, and
countries, to include a description of the areas of
study entered into by the students participating in the
Program.
(C) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(D) Any other information the Secretary of Defense
considers appropriate.
(f) Limitation on Authority.--The Secretary of Defense may not use
the authority provided under this section to pay for tuition or room
and board for foreign students who participate in the Program.
(g) Termination.--The Program shall terminate on December 31, 2029.
SEC. 560. CONSIDERATION OF STANDARDIZED TEST SCORES IN MILITARY SERVICE
ACADEMY APPLICATION PROCESS.
The Secretary of Defense shall ensure that the United States
Military Academy, the United States Naval Academy, and the United
States Air Force Academy require the submission and consideration of
standardized test scores as part of the their application processes.
SEC. 560A. EXTENSION OF TROOPS FOR TEACHERS PROGRAM TO THE JOB CORPS.
Section 1154 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``; or'' and inserting s semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) a Job Corps center as defined in section 147
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197).''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``;
or'' and inserting s semicolon;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(D) a Job Corps center as defined in section 147
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197).'';
(2) in subsection (d)(4)(A)(ii), by inserting ``or Job
Corps centers'' after ``secondary schools''; and
(3) in subsection (e)(2)(E), by inserting ``or Job Corps
center'' after ``secondary school''.
Subtitle F--Military Family Readiness and Dependents' Education
SEC. 561. PILOT PROGRAM ON RECRUITMENT AND RETENTION OF EMPLOYEES FOR
CHILD DEVELOPMENT PROGRAMS.
(a) In General.--The Secretary of Defense may develop and implement
a pilot program to assess the effectiveness of increasing compensation
for employees of child development programs on military installations
in improving the ability of such programs to recruit and retain such
employees.
(b) Compensation.--If the Secretary implements the pilot program
authorized by subsection (a), the Secretary shall provide for the
payment of compensation to employees of child development programs
under the pilot program at a fair and competitive wage in keeping with
market conditions.
(c) Selection of Locations.--
(1) In general.--If the Secretary implements the pilot
program authorized by subsection (a), the Secretary shall
select not fewer than five military installations for purposes
of carrying out the pilot program.
(2) Considerations.--In selecting military installations
under paragraph (1), the Secretary shall consider military
installations with child development programs--
(A) with a shortage of qualified employees; or
(B) subject to other conditions identified by the
Secretary that affect the ability of the programs to
operate at full capacity.
(d) Regulations.--The Secretary may prescribe such regulations as
are necessary to carry out this section.
(e) Duration of Pilot Program.--If the Secretary implements the
pilot program authorized by subsection (a), the pilot program shall--
(1) commence on the date on which the Secretary prescribes
regulations under subsection (d); and
(2) terminate on the date that is 3 years after the date
described in paragraph (1).
(f) Briefings Required.--
(1) Initial briefing.--If the Secretary implements the
pilot program authorized by subsection (a), the Secretary
shall, when the pilot program commences in accordance with
subsection (e)(1), brief the Committees on Armed Services of
the Senate and the House of Representatives on--
(A) the military installations selected under
subsection (c) for purposes of carrying out the pilot
program; and
(B) the data that informed those selections.
(2) Final briefing.--If the Secretary implements the pilot
program authorized by subsection (a), the Secretary shall, not
later than 180 days before the pilot program terminates in
accordance with subsection (e)(2), brief the Committees on
Armed Services of the Senate and the House of Representatives
on the outcomes and findings of the pilot program, including--
(A) data collected and analyses conducted under the
pilot program with respect to the relationship between
increased compensation for employees of child
development programs and improved recruitment or
retention of those employees; and
(B) any recommendations with respect to increases
in compensation for employees of child development
programs across the Department of Defense as a result
of the pilot program.
(g) Child Development Program Defined.--In this section, the term
``child development program'' means a program to provide child care
services for children, between birth through 12 years of age, of
members of the Armed Forces and civilian employees of the Department of
Defense.
SEC. 562. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2024 by section 301 and available
for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $50,000,000
shall be available only for the purpose of providing assistance
to local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection,
the term ``local educational agency'' has the meaning given
that term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2024 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2024 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$20,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) Report.--Not later than March 31, 2024, the Secretary
shall brief the Committees on Armed Services of the Senate and
the House of Representatives on the Department's evaluation of
each local educational agency with higher concentrations of
military children with severe disabilities and subsequent
determination of the amounts of impact aid each such agency
shall receive.
SEC. 563. MODIFICATIONS TO ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
WITH ENROLLMENT CHANGES DUE TO BASE CLOSURES, FORCE
STRUCTURE CHANGES, OR FORCE RELOCATIONS.
(a) In General.--Section 575 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (20 U.S.C. 7703d) is
amended--
(1) in subsection (a)--
(A) by striking ``year, the local educational
agency'' and all that follows through ``(as
determined'' and inserting ``year, the local
educational agency had (as determined'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and by moving
such paragraphs, as so redesignated, two ems to the
left; and
(D) in paragraph (2), as redesignated by
subparagraph (C), by striking ``; or'' and inserting a
period;
(2) in subsection (f)--
(A) by striking ``The Secretary of Defense'' and
inserting the following:
``(1) In general.--The Secretary of Defense, acting through
the Director of the Office of Local Defense Community
Cooperation,''; and
(B) by adding at the end the following:
``(2) Method of disbursement.--The Director shall make
disbursements under paragraph (1) using existing authorities of
the Office.'';
(3) by striking subsection (h); and
(4) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
(b) Briefing Required.--Not later than March 1, 2024, the Director
of the Office of Local Defense Community Cooperation shall brief the
Committees of the Armed Services of the Senate and the House of
Representatives on--
(1) any additional authorities that would be helpful to the
Office in its efforts to better support local educational
agencies; and
(2) any actions taken to implement the recommendations
outlined in the March 2008 report entitled ``Update to the
Report on Assistance to Local Educational Agencies for Defense
Dependents Education'' and required by section 574(c) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2227) (as in effect on the
date of the enactment of that Act).
SEC. 564. ASSISTANCE FOR MILITARY SPOUSES TO OBTAIN DOULA
CERTIFICATIONS.
Section 1784a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Doula Certifications.--In carrying out the programs
authorized by subsection (a), the Secretary shall provide assistance to
the spouse of a member of the armed forces described in subsection (b)
in obtaining a doula certification provided by an organization that
receives reimbursement under the extramedical maternal health providers
demonstration project required by section 746 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 1073 note).''.
Subtitle G--Junior Reserve Officers' Training Corps
SEC. 571. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``The President shall promulgate''
and inserting ``The Secretary of Defense shall
promulgate''; and
(B) by striking ``maintained, and shall provide''
and all that follows through the period at the end and
inserting ``maintained.''; and
(2) by adding at the end the following new subsection:
``(g)(1) The Secretary of Defense shall establish and support not
less than 3,400, and not more than 4,000, units of the Junior Reserve
Officers' Training Corps.
``(2) The requirement under paragraph (1) shall not apply--
``(A) if the Secretary fails to receive an adequate number
of requests for Junior Reserve Officer's Training Corps units
by public and private secondary educational institutions; and
``(B) during a time of national emergency when the
Secretaries of the military departments determine that funding
must be allocated elsewhere.''.
SEC. 572. JROTC PROGRAM CERTIFICATION.
Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(i)(1) The Secretary of Defense may suspend or place on probation
a Junior Reserve Officers' Training Corps unit that fails to comply
with provisions of the standardized memorandum of understanding
required pursuant to subsection (b).
``(2) Not later than one year after the date of the enactment of
this subsection, and annually thereafter for four years, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report including information on units suspended or
placed on probation pursuant to this subsection and a justification for
the reinstatement of any such unit.
``(3) A unit may be placed on probation for a period of up to three
years for failing to comply with the provisions of the standardized
memorandum of understanding or any other requirement in this section. A
unit may be suspended if, after the three-year probationary period,
such unit remains out of compliance with the requirements of this
section, and the Secretary of the military department concerned
determines that such suspension is necessary to mitigate program
deficiencies or to protect the safety of program participants.''.
SEC. 573. MEMORANDUM OF UNDERSTANDING REQUIRED.
Section 2031(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E);
(2) by inserting ``(1)'' after ``(b)'';
(3) in subparagraph (A), as redesignated by paragraph (1)--
(A) by striking ``(A)'' and inserting ``(i)''; and
(B) by striking ``(B)'' and inserting ``(ii)'';
(4) by amending subparagraph (E), as so redesignated, to
read as follows: ``the unit meets such other requirements as
the Secretary of the military department concerned proscribes
in the memorandum of understanding required under this
subsection.''; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall issue regulations establishing
a standardized memorandum of understanding to be signed by the
Secretary of the military department concerned and each institution
operating a unit under this section. The memorandum shall address the
following matters:
``(A) A requirement for institutions to notify the
appropriate armed force of allegations of misconduct against an
instructor receiving retired or other pay from such armed
force, including procedures that would require such
institutions to report allegations of sexual misconduct,
including harassment, against an instructor, within 48 hours of
learning of such allegations;
``(B) Processes by which the military departments certify
instructors, including the conduct of appropriate background
checks by the military service and the institution concerned.
``(C) Processes by which the military service will conduct
oversight of their certified instructors, including the
requirement to recertify instructors not less often than once
every five years.
``(D) Processes by which such institution's program will be
inspected by the military department concerned prior to
establishment of a new unit, or not less often than once every
four years in the case of units existing as of January 1, 2024,
staggered as the Secretary determines appropriate.
``(E) A requirement that each institution certifies it--
``(i) has created a process for students to report
violations of their rights under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
as applicable, and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), including the rights of
students to not be subject to discrimination or subject
to retaliation for reporting a violation of those laws,
if such laws apply to the institution;
``(ii) has implemented policies ensuring students
and instructors are notified of those rights, as well
as the process for reporting violations of those
rights, including information on available mandatory
reporters, if such laws apply to the institution;
``(iii) has implemented annual training to inform
students of methods to prevent, respond to, and report
sexual assault and harassment;
``(iv) agrees to report all allegations of
violations described under this subparagraph to the
military department concerned and, if subject to the
jurisdiction of the Department of Education, the
Department of Education's Office of Civil Rights not
less often than annually;
``(v) has developed processes to ensure that each
student enrolled in a unit under this section has done
so voluntarily; and
``(vi) agrees to provide the data necessary to
compile the report required under subsection (j).''.
SEC. 574. JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTOR
COMPENSATION.
Section 2031 of title 10, United States Code, is amended--
(1) by amending subsection (d) to read as follows:
``(d)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1), the
Secretary of the military department concerned may authorize qualified
institutions to employ, as administrators and instructors in the
program--
``(A) retired officers and noncommissioned officers whose
qualifications are approved by the Secretary and the
institution concerned and who request such employment;
``(B) officers and noncommissioned officers who are
separated with an honorable discharge within the past 5 years
with at least 8 years of service and are approved by the
Secretary and the institution concerned and who request such
employment; or
``(C) officers and noncommissioned officers who are active
participating members of the selected reserve at the time of
application, for purposes of section 101(d) of this title, and
have not yet reached retirement eligibility and are approved by
the Secretary and the institution concerned and who request
such employment.
``(2) Employment under this subsection shall be subject to the
following conditions:
``(A) The Secretary concerned shall pay to the institution
an amount equal to one-half of the Department's prescribed
JROTC Standardized Instructor Pay Scale (JSIPS) amount paid to
the member by the institution for any period.
``(B) The Secretary concerned may pay to the institution
more than one-half of the amount paid to the member by the
institution if (as determined by the Secretary)--
``(i) the institution is in an educationally and
economically deprived area; and
``(ii) the Secretary determines that such action is
in the national interest.
``(C) Payments by the Secretary concerned under this
subsection shall be made from funds appropriated for that
purpose.
``(D) The Secretary concerned may require successful
applicants to transfer to the Individual Ready Reserve
(IRR).'';
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
SEC. 575. ANNUAL REPORT ON ALLEGATIONS OF SEXUAL MISCONDUCT IN JROTC
PROGRAMS.
Section 2031 of title 10, United States Code, as amended by section
572 of this Act, is further amended by adding at the end the following
new subsection:
``(j)(1) Not later than March 31, 2024, and annually thereafter
through March 31, 2029, the Secretary of Defense shall submit to
Committees on Armed Services of the Senate and the House of
Representatives a report on allegations of sexual misconduct, sexual
harassment, and sex discrimination in JROTC programs during the
preceding year.
``(2) Each report required under paragraph (1) shall set forth the
following:
``(A) The number of reported allegations of violations
under title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.) in school-affiliated JROTC programs, including--
``(i) the number of such reported allegations that
were investigated;
``(ii) the outcome of those investigations; and
``(iii) the number of such reported allegations by
State, the District of Columbia, or overseas location
where these reports occurred.
``(B) The number of reports that the Department of Defense
or military services have received during the reporting period
involving allegations of acts of violence, including sexual
abuse or harassment, by instructors against students in the
JROTC program, including--
``(i) the offense involved;
``(ii) the military service involved;
``(iii) the number of instructors and number of
allegations they each received;
``(iv) the number of reports of sexual misconduct
and harassment that have been investigated;
``(v) the number of reports or investigations that
have led to the removal of instructors from JROTC
programs; and
``(vi) the number of such reported allegations by
State, the District of Columbia, or overseas location
where these reports occurred.
``(C) Any steps the Department of Defense has taken to
mitigate sexual misconduct and harassment in JROTC programs
during the preceding year.
``(3) Each report required under paragraph (1) shall be submitted
in unclassified form and may not be marked as controlled unclassified
information.
``(4) The Secretary shall annually report to the Committees on
Armed Services of the Senate and the House of Representatives regarding
compliance with this subsection by the JROTC program, including an up-
to-date report on the Secretary's monitoring of such compliance.
``(5) The Secretary may seek the advice and counsel of the Attorney
General and the Secretary of Health and Human Services concerning the
development and dissemination to the JROTC program of best practices
information about preventing and responding to incidents of domestic
violence, dating violence, sexual assault, and stalking, including
elements of institutional policies that have proven successful based on
evidence-based outcome measurements.
``(6) No officer, employee, or agent of an institution
participating in any program under this chapter shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.''.
SEC. 576. COMPTROLLER GENERAL REPORT ON EFFORTS TO INCREASE
TRANSPARENCY AND REPORTING ON SEXUAL VIOLENCE IN THE
JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
efforts to increase transparency and reporting on sexual violence in
the Junior Reserve Officers' Training Corps Program.
(b) Elements.--The report required under subsection (a) shall
include a description of the following:
(1) The implementation of section 2031 of title 10, United
States Code, as amended by sections 572, 573, and 575 of this
Act.
(2) The adequacy of the Department of Defense's vetting
process for Junior Reserve Officers' Training Corps
instructors.
(3) The Department of Defense and the Department of
Education's oversight of compliance of units with respect to
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(4) Any changes in the numbers of sexual harassment,
assault, or stalking incidents reported to institutions or law
enforcement agencies.
(5) The sufficiency of military department unit
inspections.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees''means the Committee on
Armed Services of the Senate and the House of Representatives.
Subtitle H--Decorations and Other Awards, Miscellaneous Reports and
Other Matters
SEC. 581. EXTENSION OF DEADLINE FOR REVIEW OF WORLD WAR I VALOR MEDALS.
Section 584(f) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 7271 note) is amended by
striking ``six years after the date of the enactment of this Act'' and
inserting ``December 31, 2028''.
SEC. 582. PROHIBITION ON FORMER MEMBERS OF THE ARMED FORCES ACCEPTING
POST-SERVICE EMPLOYMENT WITH CERTAIN FOREIGN GOVERNMENTS.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 989. Prohibition on former members of the armed forces accepting
post-service employment with certain foreign governments
``(a) In General.--Except as provided by subsection (b), a covered
individual may not occupy a covered post-service position.
``(b) Temporary Waiver.--
``(1) In general.--The Secretary of Defense shall establish
a process under which a covered individual may be granted a
temporary waiver of the prohibition under subsection (a) if--
``(A) the individual, or a Federal agency on behalf
of, and with the consent of, the individual, submits to
the Secretary a written application for a waiver in
such form and manner as the Secretary determines
appropriate; and
``(B) the Secretary determines that the waiver is
necessary to advance the national security interests of
the United States.
``(2) Period of waiver.--A waiver issued under paragraph
(1) shall apply for a period not exceeding 5 years. The
Secretary may renew such a waiver.
``(3) Revocation.--The Secretary may revoke a waiver issued
under paragraph (1) to a covered individual with respect to a
covered-post service position if the Secretary determines that
the employment of the individual in the covered-post service
position poses a threat to national security.
``(4) Notification.--
``(A) In general.--Not later than 30 days after the
date on which the Secretary issues a waiver under
paragraph (1) or revokes a waiver under paragraph (3),
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
written notification of the waiver or revocation, as
the case may be.
``(B) Elements.--A notification required by
subparagraph (A) shall include the following:
``(i) With respect to a waiver issued to a
covered individual--
``(I) the details of the
application, including the position
held by the individual in the armed
forces;
``(II) the nature of the post-
service position of the individual;
``(III) a description of the
national security interests that will
be advanced by reason of issuing such a
waiver; and
``(IV) the specific reasons why the
Secretary determines that issuing the
waiver will advance such interests.
``(ii) With respect to a revocation of a
waiver issued to a covered individual--
``(I) the details of the waiver,
including any renewals of the waiver,
and the dates of such waiver and
renewals; and
``(II) the specific reasons why the
Secretary determined that the
revocation is warranted.
``(c) Certification of Prohibition.--In implementing the
prohibition under subsection (a), the Secretary shall establish a
process under which each member of the armed forces is, before the
member retires or is otherwise separated from the armed forces--
``(1) informed in writing of the prohibition, and the
penalties for violations of the prohibition; and
``(2) is required to certify that the member understands
the prohibition and those penalties.
``(d) Penalties.--In the case of a covered individual who knowingly
and willfully fails to comply with the prohibition under subsection
(a), the Secretary shall, as applicable--
``(1) withhold any pay, allowances, or benefits that would
otherwise be provided to the individual by the Department of
Defense; and
``(2) revoke any security clearance of the individual.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31, 2024, and
annually thereafter, the Secretary shall submit to the
congressional defense committees a report on covered post-
service employment occurring during the year covered by the
report.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) The number of former covered individuals who
occupy a covered post-service position, broken down
by--
``(i) the name of the employer;
``(ii) the foreign government, including by
the specific foreign individual, agency, or
entity, for whom the covered post-service
employment is being performed; and
``(iii) the nature of the services provided
as part of the covered post-service employment.
``(B) An assessment by the Secretary of whether--
``(i) the Department of Defense maintains
adequate systems and processes for ensuring
that former members of the armed forces are
submitting required reports relating to their
employment by foreign governments;
``(ii) all covered individuals who occupy a
covered post-service position are in compliance
with this section;
``(iii) the services provided by the
covered individuals who occupy a covered post-
service position pose a current or future
threat to the national security of the United
States; and
``(iv) there is any credible information or
reporting that any covered individual who
occupies a covered post-service position has
engaged in activities that violate Federal law.
``(3) Form of report.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
``(f) Notifications of Determinations of Certain Threats.--
``(1) Requirement.--In addition to the annual reports under
subsection (d), if the Secretary determines that the services
provided by a covered individual who occupies a covered post-
service position pose a threat described in clause (iii) of
paragraph (2)(B) of that subsection, or include activities
described in clause (iv) of such paragraph, the Secretary shall
notify the congressional defense committees of that
determination by not later than 30 days after making the
determination.
``(2) Elements.--A notification required by paragraph (1)
shall include the following:
``(A) The name of the covered individual.
``(B) The name of the employer.
``(C) The foreign government, including the
specific foreign individual, agency, or entity, for
whom the covered post-service employment is being
performed.
``(D) As applicable, a description of the risk to
national security and the activities that may violate
Federal law.
``(g) Rule of Construction.--Nothing in this section may be
construed to indemnify or shield covered individuals from prosecution
under any relevant provision of title 18.
``(h) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means an individual who has retired or otherwise separated from
an active or reserve component of the Armed Forces.
``(2) Covered post-service employment.--The term `covered
post-service employment' means direct or indirect employment
by, representation of, or any provision of advice or services
relating to national security, intelligence, the military, or
internal security to--
``(A) the government of--
``(i) a country of concern (as defined in
section 1(m) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)));
or
``(ii) a country the Secretary of Defense
determines acts as a proxy or passthrough for
services for a country of concern; or
``(B) any company, entity, or other person the
activities of which are directly or indirectly
supervised, directed, controlled, financed, or
subsidized, in whole or in major part, by a government
described in subparagraph (A).
``(3) Covered post-service position.--The term `covered
post-service position' means a position of employment described
in paragraph (2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title is amended by adding at the end the following
new item:
``989. Prohibition on former members of the armed forces accepting
post-service employment with certain
foreign governments.''.
(c) Conforming Amendment.--Section 908 of title 37, United States
Code, is amended by adding at the end the following new subsection:
``(f) Prohibition on Former Members of Armed Forces Accepting
Employment With Certain Foreign Governments.--For a provision of law
prohibiting former members of the armed forces from accepting post-
service employment with certain foreign governments, see section 989 of
title 10.''.
SEC. 583. PROHIBITION ON REQUIRING LISTING OF GENDER OR PRONOUNS IN
OFFICIAL CORRESPONDENCE.
The Department of Defense is prohibited from requiring members of
the Armed Forces or civilian employees of the Department of Defense to
list their gender or pronouns in official correspondence, whether such
correspondence is written or electronic.
Subtitle I--Enhanced Recruiting Efforts
SEC. 591. SHORT TITLE.
This subtitle may be cited as the ``Military Service Promotion Act
of 2023''.
SEC. 592. INCREASED ACCESS TO POTENTIAL RECRUITS AT SECONDARY SCHOOLS.
Section 503(c) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (ii) as clause
(iii);
(iii) by inserting after clause (i) the
following new clause:
``(ii) shall provide to military recruiters access to
career fairs or similar events upon a request made by military
recruiters for military recruiting purposes; and''; and
(iv) in clause (iii), as redesignated by
subparagraph (B), by inserting ``, not later
than 60 days after receiving such request,''
after ``provide''; and
(B) in subparagraph (B), by striking ``subparagraph
(A)(ii)'' and inserting ``subparagraph (A)(iii)'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) The Secretary of Defense shall submit an annual report to
Congress not later than February 1 each calendar year, detailing each
notification of denial of recruiting access issued under paragraph
(3).''.
SEC. 593. INCREASED ACCESS TO POTENTIAL RECRUITS AT INSTITUTIONS OF
HIGHER EDUCATION.
Section 983(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``to the following information
pertaining'' and inserting ``, with respect'';
(B) by striking ``institution):'' and inserting
``institution)--'';
(C) in subparagraph (A)--
(i) by striking ``Names'' and inserting
``names''; and
(ii) by striking ``telephone listings.''
and inserting ``telephone listings, which
information shall be made available not later
than the 60th day following the date of a
request; and''; and
(D) in subparagraph (B), by striking ``Date'' and
inserting ``date''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. PAY OF MEMBERS OF RESERVE COMPONENTS FOR INACTIVE-DUTY
TRAINING TO OBTAIN OR MAINTAIN AN AERONAUTICAL RATING OR
DESIGNATION.
(a) In General.--Chapter 3 of title 37, United States Code, is
amended by inserting after section 206 the following new section:
``Sec. 206a. Pay of members of reserve components for inactive-duty
training to obtain or maintain an aeronautical rating or
designation
``Under regulations prescribed by the Secretary concerned, a member
of the National Guard or a member of a reserve component of a uniformed
service who is receiving aviation incentive pay under section 334(a) of
this title and is entitled to compensation under section 206 of this
title is entitled to such compensation for a number of periods of
inactive-duty training each month sufficient for the member to obtain
or maintain an aeronautical rating or designation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by inserting after the item relating
to section 206 the following new item:
``206a. Pay of members of reserve components for inactive-duty training
to obtain or maintain an aeronautical
rating or designation.''.
SEC. 602. MODIFICATION OF CALCULATION METHOD FOR BASIC ALLOWANCE FOR
HOUSING TO MORE ACCURATELY ASSESS HOUSING COSTS OF JUNIOR
MEMBERS OF UNIFORMED SERVICES.
Section 403(b)(5) of title 37, United States Code, is amended, in
the second sentence, by striking ``and shall be based on the
following:'' and all that follows through ``determined in subparagraph
(A)''.
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS ASSIGNED TO VESSELS
UNDERGOING MAINTENANCE.
Section 403(f)(2) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraphs (B), (C), and (D)'';
and
(2) by adding at the end the following new subparagraph:
``(D)(i) Under regulations prescribed by the Secretary concerned,
the Secretary may authorize the payment of a basic allowance for
housing to a member of a uniformed service without dependents who is
serving in a pay grade below E-6 and has orders to a naval vessel
during a shipyard availability or maintenance period.
``(ii) In prescribing regulations under clause (i), the Secretary
concerned shall consider the availability of quarters for members
serving in pay grades below E-6 before authorizing the payment of a
basic allowance for housing for such members.''.
SEC. 604. DUAL BASIC ALLOWANCE FOR HOUSING FOR TRAINING FOR CERTAIN
MEMBERS OF RESERVE COMPONENTS.
Section 403(g)(3) of title 37, United States Code, is amended--
(1) by striking ``Paragraphs'' and inserting ``(A) Except
as provided by subparagraph (B), paragraphs''; and
(2) by adding at the end the following new subparagraph:
``(B) Paragraphs (1) and (2) shall apply with respect to a member
of a reserve component without dependents who is called or ordered to
active duty to attend training for a period of 140 days or more but
fewer than 365 days and for whom transportation of household goods is
authorized under section 453(c) of this title as part of the call or
order to active duty.''.
SEC. 605. MODIFICATION OF CALCULATION OF GROSS HOUSEHOLD INCOME FOR
BASIC NEEDS ALLOWANCE TO ADDRESS AREAS OF DEMONSTRATED
NEED.
(a) In General.--Section 402b(k)(1)(B) of title 37, United States
Code, is amended by inserting ``or that otherwise has a demonstrated
need'' after ``high cost of living''.
(b) Implementation Guidance.--The Secretary of Defense shall revise
the guidance issued with respect to implementation of the basic needs
allowance under section 402b of title 37, United States Code, to
reflect the amendment made by subsection (a).
SEC. 606. EXPANSION OF ELIGIBILITY FOR REIMBURSEMENT OF QUALIFIED
LICENSURE, CERTIFICATION, AND BUSINESS RELOCATION COSTS
INCURRED BY MILITARY SPOUSES.
Section 453(g)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``member is reassigned'' and
inserting the following: ``member is--
``(i) reassigned'';
(B) by striking ``; and'' and inserting ``; or'';
and
(C) by adding at the end the following new clause:
``(ii) transferred from a regular component of a
uniformed service into the Selected Reserve of the
Ready Reserve of a uniformed service, if the member is
authorized a final move from the last duty station to
the new jurisdiction or geographic area; and''; and
(2) in subparagraph (B), by inserting ``or transfer'' after
``reassignment''.
SEC. 607. COST-OF-LIVING ALLOWANCE IN THE CONTINENTAL UNITED STATES:
HIGH COST AREAS.
Section 403b(c) of title 37, United States Code, is amended--
(1) in the second sentence, by striking ``8 percent'' and
inserting ``5 percent''; and
(2) in the third sentence, by striking ``shall prescribe''
and inserting ``may prescribe''.
SEC. 608. OCONUS COST-OF-LIVING ALLOWANCE: ADJUSTMENTS.
Section 617 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in the section heading, by striking ``; notice to
certain congressional committees''; and
(2) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) In General.--Subject to subsections (b) and (c), the
Secretary of Defense may announce reductions in the cost-of-living
allowance for a member of the uniformed services assigned to a duty
station located outside the continental United States--
``(1) not more than two times per year; or
``(2) in connection with a permanent change of station for
such member.
``(b) Limitation on Size of Reductions.--The Secretary may not make
a reduction under subsection (a) in the allowance described in that
subsection by an amount that exceeds 10 percent of the amount of the
allowance before the reduction.
``(c) Treatment of Reductions Relating to Foreign Currency Exchange
Rates.--The limitations under subsections (a) and (b) shall not apply
to reductions in the allowance described in subsection (a) relating to
changes in foreign currency exchange rates.
``(d) Implementation of Reductions.--The Secretary may phase in the
reductions described in subsection (a).
``(e) Increases.--The Secretary may increase the allowance
described in subsection (a) for a member of the uniformed services at
any time.''.
SEC. 609. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.
Section 606(d)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 37
U.S.C. 416 note) is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2025''.
SEC. 610. REVIEW OF RATES OF MILITARY BASIC PAY.
(a) In General.--The Secretary of Defense shall conduct a review of
the rates of monthly basic pay authorized for members of the uniformed
services to determine if the current basic pay table adequately
compensates junior enlisted personnel in pay grades E-1 through E-4.
(b) Factors for Review.--In conducting the review required by
subsection (a), the Secretary shall conduct the following:
(1) An assessment of the adequacy of the rates of monthly
basic pay for members of the uniformed services in light of
current and predicted recruiting difficulties.
(2) An analysis of how such basic pay, when combined with
other elements of regular compensation for members of the
uniformed services, compares with private sector wages for
potential recruits to the uniformed services.
(3) An assessment of how sustained periods of cost
inflation affect pay for the uniformed services and comparable
private sector wages.
(4) An historical analysis of how percentage differences
between junior enlisted basic pay, senior enlisted basic pay,
junior officer basic pay, and senior officer basic pay, have
changed since the rates of basic pay for members of the
uniformed services were authorized by section 601 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 37 U.S.C. 1009 note).
(c) Report and Legislative Proposal Required.--Not later than March
1, 2024, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives--
(1) a report on the results of the review required by
subsection (a); and
(2) a comprehensive legislative proposal for the rates of
basic pay for members of the uniformed services.
SEC. 611. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON PROCESS FOR
DETERMINING COST-OF-LIVING ALLOWANCES FOR MEMBERS OF THE
UNIFORMED SERVICES ASSIGNED TO THE CONTINENTAL UNITED
STATES, HAWAII, ALASKA, AND OVERSEAS LOCATIONS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the process for determining cost-of-living
allowances for members of the uniformed services stationed in the
continental United States, Hawaii, Alaska, and at overseas locations.
(b) Elements.--In conducting the study required by subsection (a),
the Comptroller General shall assess--
(1) the fairness and equity of the process for determining
cost-of-living allowances described in subsection (a) and
methods for improving that process;
(2) the advantages and disadvantages of averaging the
results of continental United States Living Pattern Surveys and
Retail Price Schedules without regard to the geographic
concentration of members of the uniformed services within the
continental United States when determining the baseline cost of
living for the continental United States;
(3) if additional out-of-pocket expenses, including the
costs for a member of the uniformed services to travel to and
from the home of record of the member from the assigned duty
station of the member, should be included in the calculations
of the Department of Defense for determining overseas cost-of-
living allowances to better equalize the true costs of living
for members stationed outside the continental United States
with such costs for members stationed inside the continental
United States; and
(4) the process by which the Department of Defense conducts
Living Pattern Surveys and develops Retail Price Schedules.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report--
(1) setting forth the results of the study required by
subsection (a); and
(2) making any recommendations the Comptroller General
considers appropriate based on those results, including any
recommendations for changes to section 403b or 405 of title 37,
United States Code.
Subtitle B--Bonus and Incentive Pays
SEC. 621. MODIFICATION OF SPECIAL AND INCENTIVE PAY AUTHORITIES FOR
MEMBERS OF RESERVE COMPONENTS.
(a) In General.--Section 357 of title 37, United States Code, is
amended--
(1) by striking ``incentive pay'' and inserting ``special
or incentive pay''; and
(2) by striking the period at the end and inserting the
following: ``if the Secretary concerned is paying the member of
the reserve component the special or incentive pay for the
purpose of--
``(1) maintaining a skill certification or proficiency
identical to a skill certification or proficiency required of
the member in the regular component; or
``(2) compensating the member of the reserve component for
exposure to hazards or risks identical to hazards or risks to
which the member in the regular component was exposed.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The section heading for section
357 of title 37, United States Code, is amended by striking
``Incentive'' and inserting ``Special and incentive''.
(2) Clerical amendment.--The table of sections for chapter
5 of such title is amended by striking the item relating to
section 357 and inserting the following new item:
``357. Special and incentive pay authorities for members of the reserve
components of the armed forces.''.
(c) Modification of Implementation Determination.--Section 602(d)
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 37 U.S.C. 357 note) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs, as so redesignated, two ems to the right;
(2) by striking ``The Secretary may'' and inserting the
following:
``(1) In general.--The Secretary shall'';
(3) in subparagraph (A), as redesignated by paragraph (1),
by striking ``subsection (b)'' and inserting ``subsection
(c)''; and
(4) by adding at the end the following new paragraph:
``(2) Evaluation of types of special and incentive pay.--In
making the determination and certification described in
paragraph (1)(B), the Secretary shall evaluate each type or
category of special and incentive pay separately and may make
the determination and certification based on the effect on an
Armed Force concerned of a particular type or category of
special or incentive pay.''.
SEC. 622. EXPANSION OF CONTINUATION PAY ELIGIBILITY.
(a) Continuation Pay: Full TSP Members With 8 to 12 Years of
Service.--Section 356 of title 37, United States Code, is amended--
(1) in the section heading, by striking ``8'' and inserting
``7''; and
(2) in subsections (a)(1) and (d), by striking ``8'' and
inserting ``7''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by striking the item relating to
section 356 and inserting the following new item:
``356. Continuation pay: full TSP members with 7 to 12 years of
service.''.
SEC. 623. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2023'' and inserting ``December 31, 2024''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2023'' and inserting ``December 31, 2024'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2023'' and inserting ``December 31, 2024''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2023''
and inserting ``December 31, 2024'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authorities to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United States Code,
is amended--
(1) in paragraph (7)(E), relating to temporary increases in
rates of basic allowance for areas covered by a major disaster
declaration or containing an installation experiencing a sudden
influx of military personnel, by striking ``December 31, 2023''
and inserting ``December 31, 2024''; and
(2) in paragraph (8)(C), relating to temporary adjustments
in rates of basic allowance for housing for localities where
actual housing costs differ from current rates of basic
allowance for housing by more than 20 percent, by striking
``September 30, 2023'' and inserting ``December 31, 2024''.
SEC. 624. REQUIREMENT TO ESTABLISH REMOTE AND AUSTERE CONDITION
ASSIGNMENT INCENTIVE PAY PROGRAM FOR AIR FORCE.
The Secretary of the Air Force shall--
(1) evaluate the Remote and Austere Condition Assignment
Incentive Pay program of the Army; and
(2) not later than October 1, 2025, establish a similar
program for the Air Force, unless the Secretary can certify to
Congress that there are no critically manned units at any Air
Force installation in Alaska.
SEC. 625. EXTENSION OF TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED FORCES
ASSIGNED TO ALASKA.
Section 603(b)(5)(B) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2621) is amended by striking ``December 31, 2023'' and inserting ``June
30, 2024''.
Subtitle C--Other Matters
SEC. 631. MODIFICATION OF REQUIREMENTS FOR APPROVAL OF FOREIGN
EMPLOYMENT BY RETIRED AND RESERVE MEMBERS OF UNIFORMED
SERVICES.
Section 908 of title 37, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``A person'' and inserting ``(1) A
person'';
(B) by inserting ``after determining that such
approval is not contrary to the national interests of
the United States'' after ``approve the employment'';
and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary of a military department may delegate the
determination of the Secretary required by paragraph (1) only to an
official of the military department at or above the level of an
Assistant Secretary or, in the event of a vacancy in the position of
such an official, a civilian official performing the duties of that
position.''; and
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``an officer'' and inserting
``a person''; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following new subparagraphs:
``(B) A description of the duties, if any, the person is to
perform and the compensation the person is to receive for such
duties, as reflected in the person's application for approval
of the employment or compensation or payment or award.
``(C) The position the person held or holds in the armed
forces, including the rank of the person and the armed force in
which the person served.
``(D) Any other information the Secretaries of the military
departments consider relevant, except that such information may
not include the person's date of birth, Social Security number,
home address, phone number, or any other personal identifier
other than the name and rank of the person and the armed force
in which the person served.''; and
(B) by adding at the end the following new
paragraph:
``(3) Not later than 60 days after the date on which a report
required by paragraph (1) is submitted, the Secretaries of the military
departments shall make the report, and all contents of the report,
available on a publicly accessible internet website.''.
SEC. 632. RESTRICTIONS ON RETIRED AND RESERVE MEMBERS OF THE ARMED
FORCES RECEIVING EMPLOYMENT AND COMPENSATION INDIRECTLY
FROM FOREIGN GOVERNMENTS THROUGH PRIVATE ENTITIES.
Section 908(a) of title 37, United States Code, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and by moving
such subparagraphs, as so redesignated, 2 ems to the right;
(2) by striking ``Subject to'' and inserting the following:
``(1) In general.--Subject to'';
(3) in subparagraph (C), as redesignated, by striking
``Commissioned Reserve Corps'' and inserting ``Ready Reserve
Corps''; and
(4) by adding at the end the following new paragraph:
``(2) Application to private entities.--
``(A) In general.--The acceptance by a person
described in subparagraph (B) of employment (and
compensation related to that employment) or payments or
awards for work performed for a foreign government
through a private entity shall be subject to the
provisions of this section to the same extent and in
the same manner as such provisions apply to employment
(and compensation related to that employment) and
payments and awards described in paragraph (1).
``(B) Persons described.--A person described in
this subparagraph is--
``(i) a retired member of the Army, Navy,
Air Force, Marine Corps, or Space Force; or
``(ii) a member of a reserve component of
an armed force specified in clause (i), except
a member serving on active duty under a call or
order to active duty for a period in excess of
30 days.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH BENEFITS UNDER
TRICARE RESERVE SELECT FOR SURVIVORS OF A MEMBER OF THE
SELECTED RESERVE.
(a) In General.-- Section 1076d(c) of title 10, United States Code,
is amended by striking ``six months'' and inserting ``three years''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2025.
SEC. 702. AUTHORITY TO PROVIDE DENTAL CARE FOR DEPENDENTS LOCATED AT
CERTAIN REMOTE OR ISOLATED LOCATIONS.
Section 1077(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3)(A) Dependents who reside within a specified geographic area
and are covered by a dental plan established under section 1076a may
receive dental care in a dental treatment facility of the uniformed
services on a space available basis if the Secretary of Defense
determines that--
``(i) civilian dental care within the specified geographic
area is inadequate or is not sufficiently available; and
``(ii) adequate resources exist to provide space available
dental care to the dependents at the facility.
``(B) Care under subparagraph (A) shall be provided on a
reimbursable basis.''.
SEC. 703. INCLUSION OF ASSISTED REPRODUCTIVE TECHNOLOGY AND ARTIFICIAL
INSEMINATION AS REQUIRED PRIMARY AND PREVENTIVE HEALTH
CARE SERVICES FOR MEMBERS OF THE UNIFORMED SERVICES AND
DEPENDENTS.
(a) Members of the Uniformed Services.--Section 1074d of title 10,
United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``entitled to preventive'' and
inserting ``entitled to--
``(A) preventive'';
(B) in subparagraph (A), as designated by
subparagraph (A) of this paragraph, by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(B) for male members of the uniformed services (excluding
former members of the uniformed services), services relating to
infertility described in subsection (b)(4).''; and
(2) by adding at the end the following new subsection:
``(c) Infertility Services Included for Members of the Uniformed
Services.--Services relating to infertility required to be provided
under subsections (a)(2)(B) and (b)(4) for members of the uniformed
services (excluding former members of the uniformed services) shall
include the following:
``(1) Treatments or procedures using assisted reproductive
technology (as defined in section 8 of the Fertility Clinic
Success Rate and Certification Act of 1992 (42 U.S.C. 263a-
7(1)), excluding in vitro fertilization).
``(2) The provision of artificial insemination, including
intrauterine insemination, without regard to coital
conception.''.
(b) Dependents.--Section 1077(a) of such title is amended by adding
at the end the following new paragraph:
``(19) Services relating to infertility, including the
services specified in section 1074d(c) of this title, except
that the services specified in such section may be provided
only to a dependent of a member of the uniformed services
(excluding any dependent of a former member of the uniformed
services).''.
(c) Exclusion From Contracts for Former Members and Their
Dependents.--Section 1086 of such title is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting ``subsections
(d) and (j)''; and
(2) by adding at the end the following new subsection:
``(j) A plan contracted for under subsection (a) may not include
coverage for services under section 1077(a)(19) of this title for
former members of the uniformed services or dependents of former
members of the uniformed services.''.
(d) Application.--The amendments made by this section shall apply
to services provided on or after January 1, 2025.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed provide new benefits
to or alter existing benefits for former members of the uniformed
services or the dependents of former members of the uniformed services.
SEC. 704. PROGRAM ON TREATMENT OF MEMBERS OF THE ARMED FORCES FOR POST-
TRAUMATIC STRESS DISORDER, TRAUMATIC BRAIN INJURIES, AND
CO-OCCURRING DISORDERS RELATED TO MILITARY SEXUAL TRAUMA.
(a) Establishment of Program.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074o the following
new section:
``Sec. 1074p. Program on treatment of members of the armed forces for
post-traumatic stress disorder, traumatic brain injuries,
and co-occurring disorders related to military sexual
trauma
``(a) In General.--The Secretary of Defense shall carry out a
program to provide intensive outpatient programs to treat members of
the Armed Forces suffering from post-traumatic stress disorder,
traumatic brain injuries, and co-occurring disorders related to
military sexual trauma, including treatment for substance abuse,
depression, and other issues related to such conditions.
``(b) Discharge Through Partnerships.--The Secretary shall carry
out the program under subsection (a) through partnerships with public,
private, and non-profit health care organizations, universities, and
institutions that--
``(1) provide health care to members of the armed forces;
``(2) provide evidence-based treatment for psychological
and neurological conditions that are common among members of
the armed forces, including post-traumatic stress disorder,
traumatic brain injury, substance abuse, and depression;
``(3) provide health care, support, and other benefits to
family members of members of the armed forces; and
``(4) provide health care under the TRICARE program.
``(c) Program Activities.--Each organization, university, or
institution that participates in a partnership under the program under
subsection (a) shall--
``(1) carry out intensive outpatient programs of short
duration to treat members of the armed forces suffering from
post-traumatic stress disorder, traumatic brain injuries, and
co-occurring disorders related to military sexual trauma,
including treatment for substance abuse, depression, and other
issues related to such conditions;
``(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
``(3) share clinical and outreach best practices with other
organizations, universities, and institutions participating in
the program under subsection (a); and
``(4) annually assess outcomes for members of the armed
forces individually and among the organizations, universities,
and institutions participating in the program under subsection
(a) with respect to the treatment of conditions described in
paragraph (1).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074o the following new item:
``1074p. Program on treatment of members of the armed forces for post-
traumatic stress disorder, traumatic brain
injuries, and co-occurring disorders
related to military sexual trauma.''.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the program under
section 1074p of title 10, United States Code, as added by
subsection (a), which shall include a description of the
program and such other matters on the program as the Secretary
considers appropriate.
(2) Additional report.--Not later than two years after
commencement of implementation of the program under section
1074p of title 10, United States Code, as added by subsection
(a), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the program, which shall include the following:
(A) A description of the program, including the
partnerships under the program as described in
subsection (b) of such section, as so added.
(B) An assessment of the effectiveness of the
program and the activities under the program.
(C) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the program.
(c) Conforming Repeal.--
(1) In general.--Section 702 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 1092 note) is repealed.
(2) Clerical amendment.--The table of contents at the
beginning of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended by
striking the item relating to section 702.
SEC. 705. WAIVER OF COST-SHARING FOR THREE MENTAL HEALTH OUTPATIENT
VISITS FOR CERTAIN BENEFICIARIES UNDER THE TRICARE
PROGRAM.
(a) TRICARE Select.--Section 1075(c) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(4)(A) Consistent with other provisions of this chapter
and subject to requirements to be prescribed by the Secretary,
the Secretary may waive cost-sharing requirements for the first
three outpatient mental health visits each year of any of the
following beneficiaries:
``(i) Beneficiaries in the active-duty family
member category.
``(ii) Beneficiaries covered by section 1110b of
this title.
``(B) This paragraph shall terminate on the date that is
five years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2024.''.
(b) TRICARE Prime.--Section 1075a(a) of such title is amended by
adding at the end the following new paragraph:
``(4)(A) Consistent with other provisions of this chapter
and subject to requirements to be prescribed by the Secretary,
the Secretary may waive cost-sharing requirements for the first
three outpatient mental health visits each year of a
beneficiary in the active-duty family member category (as
described in section 1075(b)(1)(A) of this title).
``(B) This paragraph shall terminate on the date that is
five years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2024.''.
SEC. 706. EXPANSION OF DOULA CARE FURNISHED BY DEPARTMENT OF DEFENSE.
(a) Expansion of Extramedical Maternal Health Providers
Demonstration Project.--Section 746 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 1073 note) is amended--
(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Coverage of Doula Care.--Not later than 90 days after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2024, the Secretary shall ensure that the demonstration
project includes coverage of labor doula care, or reimbursement for
such care, for all beneficiaries under the TRICARE program, including
access--
``(1) by members of the Armed Forces on active duty;
``(2) by beneficiaries outside the continental United
States; and
``(3) at military medical treatment facilities.''.
(b) Hiring of Doulas.--The hiring authority for each military
medical treatment facility may hire a team of doulas to work in
coordination with lactation support personnel or labor and delivery
units at such facility.
SEC. 707. SENSE OF CONGRESS ON ACCESS TO MENTAL HEALTH SERVICES THROUGH
TRICARE.
It is the sense of Congress that the Secretary of Defense should
take all necessary steps to ensure members of the National Guard and
the members of their families who are enrolled in TRICARE have timely
access to mental and behavioral health care services through the
TRICARE program.
Subtitle B--Health Care Administration
SEC. 711. INCREASE IN STIPEND FOR PARTICIPANTS IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS.
Section 2121(d) of title 10, United States Code, is amended, in the
matter preceding paragraph (1), by striking ``$30,000'' and inserting
``$50,000''.
SEC. 712. FINANCIAL RELIEF FOR CIVILIANS TREATED IN MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Interim Final Rule Required.--The Secretary of Defense shall
issue an interim final rule to implement as soon as possible after the
date of the enactment of this Act section 1079b of title 10, United
States Code.
(b) Treatment of Claims.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall hold in abeyance any claims under section 1079b
of title 10, United States Code, until the interim final rule
required under subsection (a) is in effect.
(2) Exception.--Paragraph (1) does not apply to--
(A) claims to third-party payers; or
(B) administrative support provided to the
Secretary by another Federal agency to assist the
Secretary in the administration of section 1079b of
title 10, United States Code.
SEC. 713. DEPARTMENT OF DEFENSE OVERDOSE DATA ACT OF 2023.
(a) Short Title.--This section may be cited as the ``Department of
Defense Overdose Data Act of 2023''.
(b) Annual Report on Military Overdoses.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the number of annual
overdoses among servicemembers.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The total number of servicemembers who suffered
a fatal or nonfatal overdose during the previous
calendar year, including--
(i) demographic information, including
gender, race, age, military department,
military rank, pay grade, and station;
(ii) the location of the fatal overdose,
including whether the overdose was on a
military base; and
(iii) a list of the substances involved in
the fatal overdose.
(B) Of the servicemembers identified in
subparagraph (A)--
(i) the number of servicemembers who
received mental health or substance use
disorder services prior to a fatal or nonfatal
overdose, including a description of whether
such services were received from a private
sector provider;
(ii) the number of servicemembers with
comorbid mental health diagnoses;
(iii) the number of servicemembers who had
been prescribed opioids, benzodiazepines, or
stimulants;
(iv) the number of servicemembers who had
been categorized as high-risk and prescribed or
provided naloxone prior to a fatal or nonfatal
overdose;
(v) the number of servicemembers who had a
positive drug test prior to the fatal overdose,
including any substance identified in such
test;
(vi) the number of servicemembers referred
to, including by self-referral, or engaged in
medical treatment, including medication
treatment for opioid use disorder;
(vii) with respect to each servicemember
identified in clause (vi), whether the
servicemember was referred after a positive
drug test and the source of such referral; and
(viii) the number of fatal overdoses and
intentional overdoses.
(C) An analysis of discernable patterns in fatal
and nonfatal overdoses of servicemembers.
(D) A description of existing or anticipated
response efforts to fatal and nonfatal overdoses at
military bases that have rates of fatal overdoses that
exceed the average rate of fatal overdoses in the
United States.
(E) An assessment of the availability of substance
use disorder treatment for servicemembers.
(F) The number of medical facilities of, or
affiliated with, the Department of Defense that have
opioid treatment programs.
(G) A description of punitive measures taken by the
Secretary of Defense in response to substance misuse,
substance use disorder, or overdose by servicemembers.
(3) Privacy.--
(A) In general.--Nothing in this subsection shall
be construed to authorize the disclosure by the
Secretary of Defense of personally identifiable
information of servicemembers or military family
members, including anonymized personal information that
could be used to re-identify servicemembers or military
family members.
(B) Application of hipaa.--In carrying out this
subsection, the Secretary of Defense shall take steps
to protect the privacy of servicemembers and military
family members pursuant to regulations promulgated
under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
(c) Standards for the Use of Materials to Prevent Overdose and
Substance Use Disorder.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall establish
standards for the distribution of, and training for the use of,
naloxone or other medication for overdose reversal, opioid disposal
materials, fentanyl test strips, and other materials to prevent or
reverse overdoses, substance use disorder, or impacts related to
substance misuse.
(d) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Military family member.--The term ``military family
member'' means a family member of a servicemember, including
the spouse, parent, dependent, or child of a servicemember, or
anyone who has legal responsibility for the child of a
servicemember.
(3) Servicemember.--The term ``servicemember'' means--
(A) a member of the Armed Forces; or
(B) a member of the National Guard.
SEC. 714. MODIFICATION OF ADMINISTRATION OF MEDICAL MALPRACTICE CLAIMS
BY MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 2733a of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``subsection (f)'' and
inserting ``subsection (j)'';
(2) in subsection (b)(6), by striking ``subsection (f)''
and inserting ``subsection (j)'';
(3) in subsection (d)(1), by striking ``subsection (f)''
and inserting ``subsection (j)'';
(4) by redesignating subsections (f) through (i) as
subsections (j) through (m), respectively; and
(5) by inserting after subsection (e) the following new
subsections:
``(f) Expert Medical Opinions.--(1) The Secretary of Defense may
not use an expert medical opinion from an individual in determining
whether to allow, settle, and pay a claim under this section unless the
individual is a board-certified physician.
``(2) No claim under this section may be denied on medical grounds
until the Secretary obtains an expert medical opinion on the medical
malpractice alleged under such claim from an individual who--
``(A) is not a member of the uniformed services or a
civilian employee of the Department of Defense; and
``(B) does not have a business, medical, or personal
relationship with the claimant.
``(3) If a claim under this section is denied, the Secretary shall
provide to the claimant information regarding the identity and
qualifications of any individual who provided an expert medical opinion
upon which such denial is based.
``(g) Justification of Denial.--If a claim under this section is
denied, the Secretary of Defense shall provide the claimant with
detailed reasoning justifying the denial of the claim, including--
``(1) copies of any written reports prepared by any expert
upon which the denial is based; and
``(2) all records and documents relied upon in preparing
such written reports.
``(h) Appeals.--(1) Any appeal from the denial of a claim under
this section shall be considered by a third-party review board jointly
established by the Chief Judge of the United States Court of Appeals
for the Armed Forces and the Secretary of Defense.
``(2) The third-party review board established under paragraph (1)
shall consist of not more than five members, all of whom who possess
sufficient legal or medical background, or both.
``(3) A claimant under this section that seeks an appeal under
paragraph (1) may submit the appeal directly to the third-party review
board established under such paragraph.
``(4) In considering an appeal from the denial of a claim under
this section, the third-party review board established under paragraph
(1) shall, at the request of the claimant, allow for a hearing on the
merits of the appeal in an adversarial nature.
``(5) The Secretary of Defense shall provide to a claimant seeking
an appeal under paragraph (1) a copy of any response to the appeal that
is submitted on behalf of the Department of Defense.
``(6) The third-party review board established under paragraph (1)
shall not consist of any member of the uniformed services or civilian
employee of the Department of Defense.
``(i) Treatment of Non-economic Damages.--(1) Any non-economic
damages provided to a member of the uniformed services under this
section may not be offset by compensation provided or expected to be
provided by the Department of Defense or the Department of Veterans
Affairs.
``(2)(A) The Secretary of Defense shall establish a cap on non-
economic damages to be provided with respect to a claim under this
section.
``(B)(i) The cap established under subparagraph (A) shall be
determined by calculating the average of non-economic damage caps for
medical malpractice claims applicable in California, Texas, North
Carolina, and Virginia.
``(ii) If a State specified in clause (i) provides a different cap
for cases involving death and cases not involving death, the cap for
cases not involving death shall be used.
``(C) The cap established under paragraph (1) shall be recalculated
not less frequently than once every three years.''.
(b) Appointment of Members.--Not later than 180 days after the date
of the enactment of this Act, the Chief Judge of the United States
Court of Appeals for the Armed Forces and the Secretary of Defense
shall jointly appoint members to the board established under subsection
(h)(1) of section 2733a of title 10, United States Code, as added by
subsection (a)(5).
(c) Report.--Not later than 180 days after the establishment of the
board required under subsection (h)(1) of section 2733a of title 10,
United States Code, as added by subsection (a)(5), the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report indicating--
(1) the membership of the board;
(2) the qualifying background of each member of the board;
and
(3) a statement indicating the independence of each member
of the board from the Department of Defense.
Subtitle C--Reports and Other Matters
SEC. 721. MODIFICATION OF PARTNERSHIP PROGRAM BETWEEN UNITED STATES AND
UKRAINE FOR MILITARY TRAUMA CARE AND RESEARCH.
Section 736 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The provision of training and support to Ukraine for
the treatment of individuals with extremity trauma,
amputations, post-traumatic stress disorder, traumatic brain
injuries, and any other mental health conditions associated
with post-traumatic stress disorder or traumatic brain
injuries, including--
``(A) the exchange of subject matter expertise;
``(B) training and support relating to advanced
clinical skills development; and
``(C) training and support relating to clinical
case management support.''.
SEC. 722. REQUIREMENT THAT DEPARTMENT OF DEFENSE DISCLOSE EXPERT
REPORTS WITH RESPECT TO MEDICAL MALPRACTICE CLAIMS BY
MEMBERS OF THE UNIFORMED SERVICES.
Section 2733a of title 10, United States Code, as amended by
section 714, is further amended--
(1) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Disclosure by Department of Defense.--(1) The Secretary of
Defense shall disclose to a claimant under this section a copy of all
written reports, other than medical quality assurance records (as
defined in section 1102(j) of this title), prepared by a medical expert
of the Department of Defense or any medical expert consulted by the
Department with respect to the claim.
``(2) Any disclosure under paragraph (1) with respect to an expert
described in such paragraph shall include the following:
``(A) The records and documents considered by the expert.
``(B) A description of the bases and reasons for the
opinion of the expert.
``(C) The opinion or opinions of the expert regarding
standard of care.
``(D) The opinion or opinions of the expert regarding
causation.
``(E) A description of any disagreement by the expert with
any opinion or opinions of the expert of the claimant.
``(3) Any disclosure under paragraph (1) with respect to an expert
described in such paragraph shall not include an identification of the
expert.
``(4) If an expert described in paragraph (1) does not prepare a
written report, the Secretary shall disclose the information required
under this section to the claimant in writing.''.
SEC. 723. COMPTROLLER GENERAL STUDY ON IMPACT OF PERINATAL MENTAL
HEALTH CONDITIONS OF MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS ON MILITARY READINESS AND RETENTION.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on perinatal mental health
conditions among members of the Armed Forces and dependents of
such members during the five-year period preceding the date of
the enactment of this Act.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of beneficiaries under the
TRICARE program, including members of the Armed Forces
and dependents of such members, who attempted suicide
or died by suicide or substance use overdose during the
perinatal period.
(B) An assessment of members of the Armed Forces
discharged from active duty due to a mental health
condition within two years after the perinatal period.
(C) An assessment of beneficiaries under the
TRICARE program, including members of the Armed Forces
and dependents of such members, diagnosed with a
perinatal mental health condition who were relocated
during the perinatal period.
(D) An assessment of the effects of retention and
promotion policies of the Department of Defense
relating to perinatal mental health conditions on
members of the Armed Forces seeking and accessing
screening, referral, and treatment.
(E) The number of members of the Armed Forces who
were separated from the Armed Forces or did not receive
a promotion due to a diagnosed perinatal mental health
condition.
(F) An assessment of whether policies of the
Department can be modified to provide clear standards
for retention and pathways for promotion of members of
the Armed Forces diagnosed with a perinatal mental
health condition.
(G) An assessment of resources needed to integrate
behavioral health specialists into all obstetric care
practices, pediatric practices, and women's clinics.
(H) A disaggregated demographic assessment of the
population included in the study with respect to race,
ethnicity, sex, age, family status (including dual
service and single parent families), military
occupation, military service, and rank, as applicable.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the findings of the study conducted under
subsection (a), including--
(1) recommendations for actions to be taken by the
Secretary of Defense to improve mental health among members of
the Armed Forces and dependents of such members during the
perinatal period;
(2) recommendations for legislative or administrative
action to mitigate the effects of retention and promotion
policies of the Department of Defense on members of the Armed
Forces seeking and accessing mental health care during the
perinatal period; and
(3) such other recommendations as the Comptroller General
determines appropriate.
(c) Definitions.--In this section:
(1) Dependent; tricare program.--The terms ``dependent''
and ``TRICARE program'' have the meanings given those terms in
section 1072 of title 10, United States Code.
(2) Perinatal mental health condition.--The term
``perinatal mental health condition'' means a mental health
disorder that onsets during the perinatal period.
(3) Perinatal period.--The term ``perinatal period'' means
the period during pregnancy and the one-year period following
childbirth, still birth, or miscarriage.
SEC. 724. REPORT ON MENTAL AND BEHAVIORAL HEALTH SERVICES PROVIDED BY
DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of this Act,
the Director of the Defense Health Agency shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that contains the following:
(1) The current wait times for members of the Armed Forces,
including members of the Selected Reserve of the Ready Reserve
of a reserve component of the Armed Forces who are enrolled in
TRICARE Reserve Select under section 1076d of title 10, United
States Code, to receive mental and behavioral health services,
disaggregated by State.
(2) An assessment of the number of additional mental and
behavioral health care providers needed for the Department of
Defense to meet established metrics associated with access to
mental and behavioral health services.
(3) An explanation of the credentialing standards for
mental and behavioral health care providers of the Department,
including a comparison of those standards to the standards for
other Federal and private sector health care providers.
SEC. 725. REPORT ON ACTIVITIES OF DEPARTMENT OF DEFENSE TO PREVENT,
INTERVENE, AND TREAT PERINATAL MENTAL HEALTH CONDITIONS
OF MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the activities of the Department of Defense
to address the mental health of pregnant and postpartum members of the
Armed Forces and dependents of such members.
(b) Elements.--The report required by subsection (a) shall include
the following
(1) An identification of the military medical treatment
facilities at which the Secretary offers members of the Armed
Forces and their dependents evidence-based programs during the
perinatal period that are proven to prevent perinatal mental
health conditions.
(2) An assessment of such programs offered at such
facilities, including an assessment of--
(A) the types of programs;
(B) the number and location of programs;
(C) the number of members of the Armed Forces and
their dependents who have participated in such
programs, disaggregated by Armed Force, military
occupation, sex, age, race, and ethnicity, when
applicable; and
(D) whether such programs are delivered in-person
or virtually and the frequency of the availability of
such programs;
(3) The number of behavioral health specialists for
pregnant and postpartum members of the Armed Forces and
dependents integrated into obstetric care practices,
pediatrics, and women's clinics at military medical treatment
facilities.
(4) An assessment of the implementation of, or plans to
implement, a pilot program to provide a reproductive behavioral
health consultation service by the Secretary as outlined in the
White House Blueprint for Addressing the Maternal Health
Crisis, dated June 2022, including--
(A) the number of providers the pilot program has
served or plans to serve, disaggregated by provider
type, specialty, and location;
(B) the number and type of trainings providers
received or will receive through the consultation line
on evidence-based practices to prevent, screen, refer,
and treat perinatal mental health conditions;
(C) the locations that have had or will have access
to the pilot program;
(D) the types of expertise services that the
consultation line provides or will provide; and
(E) methods currently used or that will be used to
promote the availability of the consultation line to
providers.
(5) Any recommendations for legislative or administrative
action to improve prevention, intervention, and treatment of
perinatal mental health conditions for members of the Armed
Forces and their dependents.
(c) Definitions.--In this section:
(1) Dependent.--The term ``dependent'' has the meaning
given that term in section 1072(2) of title 10, United States
Code.
(2) Perinatal mental health condition.--The term
``perinatal mental health condition'' means a mental health
disorder that occurs during pregnancy or within one year
following childbirth, stillbirth, or miscarriage.
SEC. 726. STUDY ON FAMILY PLANNING AND CRYOPRESERVATION OF GAMETES TO
IMPROVE RETENTION OF MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall conduct a study
on--
(1) the number of members of the Armed Forces who elect to
leave the Armed Forces for family planning reasons,
disaggregated by gender, age, and military occupational
specialty;
(2) whether the option of cryopreservation of gametes would
lead to greater retention of members of the Armed Forces;
(3) methods for the Department of Defense to offer
cryopreservation of gametes for the purposes of retention of
members of the Armed Forces;
(4) the cost to the Department of offering cryopreservation
of gametes to active duty members of the Armed Forces; and
(5) such other matters relating to family planning and
cryopreservation of gametes for members of the Armed Forces as
the Secretary considers relevant.
(b) Briefing.--Not later than April 1, 2024, the Secretary shall
brief the Committees on Armed Services of the Senate and the House of
Representatives on the results of the study conducted under subsection
(a).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. AMENDMENTS TO MULTIYEAR PROCUREMENT AUTHORITY.
Section 3501 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``will result in significant
savings'' and inserting the following: ``will result
in--
``(A) significant savings''; and
(B) by striking ``annual contracts.'' and inserting
the following: ``annual contracts; or
``(B) necessary industrial base stability not
otherwise achievable through annual contracts.''; and
(2) by striking ``$500,000,000'' each place it appears and
inserting ``$1,000,000,000''.
SEC. 802. MODERNIZING THE DEPARTMENT OF DEFENSE REQUIREMENTS PROCESS.
(a) Modernizing the Department of Defense Requirements Process.--
Not later than October 1, 2025, the Secretary of Defense, acting
through the Vice Chairman of the Joint Chiefs of Staff, in cooperation
with the Secretaries of the military departments and the commanders of
the combatant commands, and in coordination with the Under Secretary of
Defense for Acquisition and Sustainment, shall develop and implement a
streamlined Department of Defense requirements process, to include
modernizing the Joint Capabilities Integration and Development System,
in order to improve alignment between modern warfare concepts,
technologies, and system development and reduce the time to delivery of
needed capabilities to Department users.
(b) Reform Elements.--The modernization activities conducted under
subsection (a) shall include the following elements:
(1) Streamlining requirements documents, reviews, and
approval processes, especially for programs below the major
defense acquisition program threshold described in section 4201
of title 10, United Stated Code.
(2) Revisiting requirements management practices from a
first principles perspective based on mission outcomes and
assessed threats, enabling a more iterative and collaborative
approach with the services to shape requirements and technology
driven opportunities.
(3) Developing a capability needs and requirements
framework and pathways that are aligned to the Department's
Adaptive Acquisition Framework pathways, and better aligned and
integrated with the Department's science and technology
processes.
(4) Enabling the military departments to develop an
enduring set of requirements according to a set of capability
portfolios to provide a structure across acquisition programs
and research, which shall be articulated in a concise model and
document with a set of mission impact measures that capability
deliveries will seek to continuously improve.
(5) Establishing a process to rapidly validate the military
utility of commercial solutions to meet capability needs or
opportunities in lieu of the traditional program-centric
requirements definition.
(6) Retiring and replacing the Department of Defense
Architecture Framework with a new structure focused on enabling
interoperability through application program interfaces,
enterprise architectures and platforms, and government and
commercial standards.
(7) Ensuring that requirements processes for software,
artificial intelligence, data, and related capability areas
enable a rapid, dynamic, and iterative approach than
traditional hardware systems.
(c) Elements.--The implementation of streamlined requirements shall
include the following elements:
(1) Collaboration with industry, traditional and non-
traditional defense companies, and the science and technology
community to capture their inputs and feedback on shaping the
Department's requirements processes to ensure it effectively
harnesses the innovation ecosystem.
(2) Development of a formal career path, training, and
structure for requirements management professionals and chief
architects.
(3) Publication of new policies, guidance, and templates
for the operational, requirements, and acquisition workforce in
online digital formats instead of large policy documents.
(d) Interim Report.--Not later than October 1, 2024, the Secretary
of Defense shall submit to the congressional defense committees an
interim report on the modernization conducted by the Secretary under
subsection (a), including--
(1) a description of the modernization efforts;
(2) the Department of Defense's plans to implement,
communicate, and continuously improve the modernization of the
Department's requirements processes and structure; and
(3) any additional recommendations for legislation that the
Secretary determines appropriate.
(e) Final Report.--Not later than October 1, 2025, the Secretary of
Defense shall submit to the Secretary of Defense and the congressional
defense committees a final report describing activities carried out
pursuant to subsections (b) and (c).
SEC. 803. HEAD OF CONTRACTING AUTHORITY FOR STRATEGIC CAPABILITIES
OFFICE.
(a) Authority.--The Director of the Strategic Capabilities Office
shall have the authority to conduct acquisition activities within the
Strategic Capabilities Office.
(b) Acquisition Executive.---
(1) In general.--The staff of the Director shall include an
acquisition executive, who shall be responsible for the overall
supervision of acquisition matters for the Strategic
Capabilities Office. The acquisition executive shall have the
authority--
(A) to negotiate memoranda of agreement with the
military departments and Department of Defense
components to carry out the acquisition of equipment,
capabilities, and services on behalf of the Office;
(B) to supervise the acquisition of equipment,
capabilities, and services on behalf of the Office;
(C) to represent the Office in discussions with the
military departments regarding acquisition programs for
which the Office is a customer; and
(D) to work with the military departments to ensure
that the Office is appropriately represented in any
joint working group or integrated product team
regarding acquisition programs for which the Office is
a customer.
(2) Delivery of acquisition solutions.--The acquisition
executive of the Strategic Capabilities Office shall be--
(A) responsible to the Director for rapidly
delivering acquisition solutions to meet validated
cyber operations-peculiar requirements;
(B) subordinate to the defense acquisition
executive in matters of acquisition;
(C) subject to the same oversight as the service
acquisition executives; and
(D) included on the distribution list for
acquisition directives and instructions of the
Department of Defense.
(c) Implementation Plan Required.--The authority granted in
subsection (a) shall become effective 30 days after the date on which
the Secretary of Defense provides to the congressional defense
committees a plan for implementation of those authorities under
subsection (a). The plan shall include the following:
(1) Summaries of the components to be negotiated in the
memoranda of agreement with the military departments and other
Department of Defense components to carry out the development,
acquisition, and sustainment of equipment, capabilities, and
services described in subsection (b)(1).
(2) Negotiation and approval timelines for memorandum of
agreement.
(3) A plan for oversight of the acquisition executive
established under subsection (b).
(4) An assessment of the acquisition workforce needs of the
Strategic Capabilities Office to support the authority provided
under subsection (a) until 2028.
(5) Other matters as appropriate.
(d) Annual End-of-year Assessment.--Each year, the Under Secretary
of Defense for Acquisition and Sustainment shall review and assess the
acquisition activities of the Strategic Capabilities Office, including
contracting and acquisition documentation, for the previous fiscal year
and provide any recommendations or feedback to the acquisition
executive of the Strategic Capabilities Office.
(e) Sunset.--
(1) In general.--The authority provided under this section
shall terminate on September 30, 2028.
(2) Limitation on duration of acquisitions.--The authority
under this section does not include major defense acquisition
programs, major automated information system programs, or
acquisitions of foundational infrastructure or software
architectures the duration of which is expected to last more
than five years.
SEC. 804. PILOT PROGRAM FOR THE USE OF INNOVATIVE INTELLECTUAL PROPERTY
STRATEGIES.
(a) In General.--As soon as practicable, the Secretary of each
military department shall designate one acquisition program within
their service and the Under Secretary of Defense for Acquisition and
Sustainment shall designate one acquisition program within the
Department of Defense Agencies and Field Activities for the use of
innovative intellectual property strategies in order to acquire the
necessary technical data rights required for the operations and
maintenance of that system.
(b) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of
the military departments, shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives with a
detailed plan to implement the requirements of this section.
(c) Annual Report.--Upon selection of the programs to be covered by
this section and until the termination of this authority, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the Secretaries of the military departments, shall provide an
annual report to the Committees on Armed Services of the Senate and the
House of Representatives on the effectiveness of the pilot program in
acquiring the data necessary to support timely, cost-effective
maintenance and sustainment of the system and any recommendations for
the applicability of lessons learned from this pilot program to future
acquisition programs.
(d) Definitions.--In this section:
(1) Department of defense agencies and field activities.--
The terms ``Department of Defense Agency'' and ``Department of
Defense Field Activity'' have the meanings given those terms in
section 101 of title 10, United States Code.
(2) Innovative intellectual property strategies.--The term
``innovative intellectual property strategies'' includes the
following:
(A) The use of an escrow account to verify and hold
intellectual property data.
(B) The use of royalties or licenses.
(C) Other innovative strategies to acquire the
necessary level of intellectual property and data
rights to support the operations, maintenance,
installation, and training (OMIT) of the selected
program.
(e) Sunset.--The authority to initiate a program under this section
shall terminate on December 31, 2028.
SEC. 805. FOCUSED COMMERCIAL SOLUTIONS OPENINGS OPPORTUNITIES.
(a) Requirement.--The Secretary of Defense, in coordination with
the service acquisition executives of each military department, shall
create not less than three new commercial solutions opening (CSO)
opportunities pursuant to section 3458 of title 10, United States Code,
each fiscal year. Each such CSO opportunities shall be dedicated to
addressing the mission needs and integrated priority lists of a single
geographic combatant command.
(b) Execution.--In creating the CSO opportunities required under
subsection (a), the Secretary of Defense shall--
(1) assign the responsibility for issuing a CSO to a single
military department, with a program executive officer from that
military department assigned as lead; and
(2) ensure that any program executive office (PEO)
assignment should be made to align the needs of the CSO with a
PEO that has similar existing requirements and funding for
transitioning technologies within the focus area.
(c) Sunset.--The requirement in subsection (a) shall expire on
September 30, 2027.
SEC. 806. STUDY ON REDUCING BARRIERS TO ACQUISITION OF COMMERCIAL
PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition and Sustainment, shall conduct a
study on the feasibility and advisability of--
(1) establishing a default determination that products and
services acquired by the Department of Defense are commercial
and do not require commercial determination as provided under
section 3456 of title 10, United States Code;
(2) establishing a requirement for non-commercial
determinations to be made for acquisitions to use procedures
other than part 12 of the Federal Acquisition Regulation; and
(3) mandating use of commercial procedures under part 12 of
the Federal Acquisition Regulation unless a justification of
non-commerciality is determined.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the findings of the study
conducted under subsection (a). The report shall include specific
findings with relevant data and proposed recommendations, including for
any necessary and desirable modifications to applicable statute for any
changes the Department seeks to make regarding paragraphs (1) through
(3) of subsection (a).
SEC. 807. SENSE OF THE SENATE ON INDEPENDENT COST ASSESSMENT.
It is the sense of the Senate that--
(1) to implement the National Defense Strategy, the
Department of Defense requires thoughtful and thorough analysis
to ensure efficient and effective use of each taxpayer dollar
to inform tradeoff analysis that delivers the optimum portfolio
of military capabilities;
(2) the Secretary of Defense requires timely, insightful,
and unbiased analysis on cost estimation for major defense
acquisition programs; and
(3) the Office of the Director of Cost Assessment and
Program Evaluation supports implementation of the National
Defense Strategy by--
(A) providing insight into the costs of major
defense acquisition programs and other technology
development initiatives that enables responsible
budgeting and proactive management decisions so that
the Department can control cost, drive efficiency, and
achieve savings;
(B) ensuring that the cost estimation workforce of
the Department of Defense is using the most modern and
realistic cost estimation methodologies, tools, and
tradecraft, including the collection and distribution
of data through the Cost Assessment Data Enterprise;
and
(C) providing timely review and oversight of cost
estimates performed by the defense agencies and
military departments.
SEC. 808. EMERGENCY ACQUISITION AUTHORITY FOR PURPOSES OF REPLENISHING
UNITED STATES STOCKPILES.
Section 3601(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)(iv), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) for purposes of--
``(i) replenishing United States stockpiles
with like defense articles when those
stockpiles are diminished as a result of the
United States providing defense articles in
response to an armed attack by a country of
concern (as that term is defined in section
1(m) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(m)) against--
``(I) a United States ally (as that
term is defined in section 201(d) of
the Act of December 2, 1942, entitled,
`To provide benefits for the injury,
disability, death, or enemy detention
of employees of contractors with the
United States, and for other purposes'
(56 Stat. 1028, chapter 668; 42 U.S.C.
1711(d))); or
``(II) a United States partner; or
``(ii) contracting for the movement or
delivery of defense articles transferred to
such ally or partner through the President's
drawdown authorities in connection with such
response,
provided that the United States is not a party to the
hostilities.''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. COMMANDER INITIATED RAPID CONTRACTING ACTIONS.
(a) In General.--The commander of a combatant command, upon
providing a written determination to a supporting head (or heads) of
contracting activity (HCA), may request emergency, rapid contracting
response using special authorities described in subsection (b)--
(1) in support of a contingency operation (as defined in
section 101(a) of title 10, United States Code);
(2) to facilitate the defense against or recovery from
cyber, nuclear, biological, chemical, or radiological attack
against the United States;
(3) in support of a humanitarian or peacekeeping operation
(as the term is defined in section 3015(2) of title 10, United
States Code); and
(4) for purposes of protecting the national security
interests of the United States during directed operations that
fall below the level of armed conflict.
(b) Applicability.--In carrying out subsection (a), the HCA may
utilize the following authorities to rapidly respond to time-sensitive
or unplanned emergency situations:
(1) For actions taken under subsection (a) in the case of a
contract to be awarded and performed, or purchase to be made,
in the United States, simplified procedures for a single
contracting action may be used up to $15,000.
(2) For actions taken under subsection (a) in the case of a
contract to be awarded and performed, or purchase to be made,
outside the United States, simplified procedures for a single
contracting action may be used up to $25,000.
(3) For purposes of section 3205(a)(2) of title 10, United
States Code, the applicable threshold is deemed to be
$10,000,000.
(4) The property or service being procured may be treated
as a commercial product or a commercial service for the purpose
of carrying out the procurement.
(c) Determination.--A written determination required under
subsection (a) may be used to cover more than one requested action, and
may be directed to more than one HCA, and shall include:
(1) The rationale for initiating the request in accordance
with paragraphs (1) though (4) of such subsection.
(2) A description of the actions being requested of the
HCA.
(3) A declaration that funds are available for such
requested contracting support.
(d) Sunset.--The authority under subsection (a) shall terminate on
September 30, 2028.
(e) Annual Report.--Not later than January 15, 2025, and annually
thereafter for four years, the Chairman of the Joint Chiefs of Staff,
in coordination with the Under Secretary of Defense for Acquisition and
Sustainment, shall provide a report to the congressional defense
committees on the use of the authority under this section for the
previous fiscal year. The report shall include a summary of each
instance of the authority being used, including--
(1) the combatant command initiating the action or actions;
(2) the supporting HCA or HCAs; and
(3) the specific actions requested, including the contract
performer and value of contracting action.
SEC. 812. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY.
(a) In General.--Section 841 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 4871 note prec.) is amended--
(1) by striking the section heading and inserting ``threat
mitigation in commercial support to operations'';
(2) in subsection (a)--
(A) by striking the subsection heading and
inserting ``Program Established'';
(B) by striking ``and in consultation with the
Secretary of State'' and all that follows through the
period at the end and inserting ``and the Secretary of
State, establish a program to enable combatant
commanders to identify and manage risks introduced by
covered persons and entities providing commercial
support to military operations. The Secretary of
Defense shall publish policy establishing this program
with responsibilities for program execution and
oversight and procedures for use of available
intelligence, security, and law enforcement information
to identify threats and employment of a range of
strategies, including the covered procurement actions
described in this section, to manage risks posed by
covered persons and entities that are engaged in
covered activities.'';
(3) by amending subsection (b) to read as follows:
``(b) Authority.--
``(1) Identification.--The combatant commander shall
identify covered persons or entities engaged in covered
activities through the program established under subsection
(a). Upon identification of a covered person or entity,
combatant commanders, or their designated deputies, shall
notify and provide rationale for such an identification to the
Under Secretary of Defense for Acquisition and Sustainment, the
Under Secretary of Defense for Intelligence and Security, and
the Under Secretary of Defense for Policy.
``(2) Covered procurement actions.--
``(A) In general.--The head of a contracting
activity may exercise a covered procurement action on a
covered persons or entity.
``(B) Limitation on covered procurement actions.--
The head of a contracting activity may exercise a
covered procurement action only after receiving a
notification and recommendation from the Under
Secretary of Defense for Acquisition and Sustainment,
based on a risk assessment by the identifying combatant
commander, that states that--
``(i) the person or entity identified by
the combatant commander meets the criteria for
a covered person or entity and was or is
actively engaged in one or more covered
activities; and
``(ii) less intrusive measures are not
reasonably available to manage the risk.'';
(4) by amending subsection (c) to read as follows:
``(c) Notification to Covered Person or Entity.--
``(1) Advance notice.--Contracting activities shall notify
covered persons and entities through covered solicitations and
contracts, grants, or cooperative agreements of the following
matters:
``(A) The program established under subsection (a).
``(B) The authorities established under subsection
(b).
``(C) The responsibilities of covered persons or
entities to exercise due diligence to mitigate their
engagement in covered activities.
``(2) Notice of covered procurement actions.--
``(A) In general.--Upon exercising a covered
procurement action, the head of a contracting activity
shall notify the covered person or entity of the
action. The covered person or entity shall be permitted
the opportunity to challenge the covered procurement
action by requesting an administrative review of the
action under the procedures of the Department of
Defense not later than 30 days after receipt of notice
of the action.
``(B) Limitation on disclosure of information.--
Full disclosure of information to a covered person or
entity justifying an identification made under
subsection (b)(1) or a covered procurement action need
not be provided when such a disclosure would compromise
national security or would pose an unacceptable threat
to personnel of the United States or partners and
allies.
``(C) Protection of classified information.--
Classified information relied upon to exercise a
covered procurement action may not be disclosed to a
covered person or entity, or to their representatives,
unless a protective order issued by a court of
competent jurisdiction established under article I or
article III of the Constitution of the United States
specifically addresses the conditions under which such
classified information may be disclosed.'';
(5) by amending subsection (d) to read as follows:
``(d) Covered Procurement Action Reporting.--All covered
procurement actions shall be reported to the Under Secretary of Defense
for Acquisition and Sustainment and reported in the Federal Awardee
Performance and Integrity Information System (FAPIIS) or other formal
systems or record. Exclusions shall also be reported in the System for
Award Management (SAM).'';
(6) by amending subsection (e) to read as follows:
``(e) Annual Review.--The Secretary of Defense, in coordination
with the Director of National Intelligence and the Secretary of State,
shall, on an annual basis, review the lists of persons and entities
having been subject to a covered procurement action under subsection
(b)(2) to determine whether or not such persons and entities continue
to warrant use of the covered procurement action.'';
(7) by amending subsection (f) to read as follows:
``(f) Waiver.--The Secretary of Defense, in conjunction with the
Secretary of State, may grant a waiver for actions taken under
subsection (b) if it is in the best interest of national security.'';
(8) by amending subsection (g) to read as follows:
``(g) Delegation of Authority.--The authority provided by
subsection (b) to make a determination to use a covered procurement
action, in whole or in part, may not be delegated below the level of
head of contracting activity, or equivalent official for purposes of
grants or cooperative agreements.'';
(9) by amending subsection (h) to read as follows:
``(h) Updating Regulations.--The Federal Acquisition Regulation and
the Defense Federal Acquisition Regulation Supplement shall be revised
to implement the provisions of this subtitle.'';
(10) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``Director of the Office of
Management and Budget'' and inserting
``Secretary of Defense'';
(ii) by striking ``appropriate committees
of Congress'' and inserting ``congressional
defense committees'';
(iii) in subparagraph (A)--
(I) by striking ``an executive
agency exercised the authority to
terminate, void, or restrict a
contract, grant, and cooperative
agreement pursuant to subsection (c),
based on a notification under
subsection (b)'' and inserting ``a head
of contracting activity exercised a
covered procurement action'';
(II) in clause (i) by striking
``executive agency'' and inserting
``head of contracting activity'';
(III) in clause (ii), by striking
``the action taken'' and inserting
``exercising the covered procurement
action'';
(IV) in clause (iii), by striking
``voided or terminated'' and inserting
``subject to the covered procurement
action''; and
(V) in clause (iv)--
(aa) by striking
``executive agency in force''
and inserting ``Department of
Defense has'' and
(bb) by striking
``concerned at the time the
contract, grant, or cooperative
agreement was terminated or
voided'' and replacing with
``at the time of exercise of
the covered procurement
action''; and
(iv) in subparagraph (B)--
(I) by striking ``an executive
agency did not exercise the authority
to terminate, void, or restrict a
contract, grant, and cooperative
agreement pursuant to subsection (c),
based on a notification under
subsection (b)'' and inserting ``a head
of contracting activity did not
exercise a covered procurement action
following an identification from a
combatant commander'';
(II) in clause (i), by striking
``executive agency'' and inserting
``head of contracting activity''; and
(III) in clause (ii), by inserting
``covered procurement'' before
``action''; and
(B) in paragraph (2), by striking ``Director'' and
inserting ``Secretary of Defense'';
(11) by striking subsection (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and (l),
respectively;
(12) in subsection (k), as redesignated by paragraph (11),
by striking ``Except as provided in subsection (l), the'' and
inserting ``The''; and
(13) in subsection (l), as so redesignated, by striking
``December 31, 2025'' and inserting ``December 31, 2033''.
(b) Access to Records.--Section 842 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
is amended by striking subsections (a) through (c) and inserting the
following:
``(a) Additional Access to Records.--The Secretary of Defense may
examine any records of persons or entities that have existing contracts
with, or are active recipients of a grant or cooperative agreement
from, the Department of Defense, including any subcontractors or
subgrantees, to the extent necessary to support the program established
under section 841 of this Act.
``(b) Limitation.--The examination authorized under subsection (a)
may only take place after a written determination is made by the
contracting officer, informed by a finding from the combatant
commander, stating that this examination will support the program
established under such section 841, and less intrusive measures are not
reasonably available to manage the risk.''.
(c) Definitions.--Section 843 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
is amended--
(1) by striking paragraphs (1), (2), (3), (4), (7), and (9)
and redesignating paragraphs (5), (6), and (8) as paragraphs
(2), (3), and (6);
(2) by inserting before paragraph (2), as redesignated by
paragraph (1) of this section, the following new paragraph:
``(1) Covered activities.--The term `covered activities'
means activities where a covered person or entity is--
``(A) engaging in acts of violence against
personnel of the United States or partners and allies;
``(B) providing financing, logistics, training, or
intelligence to a person described in subparagraph (A);
``(C) engaging in foreign intelligence activities
against the United States or partners and allies;
``(D) engaging in transnational organized crime or
criminal activities; or
``(E) engaging in other activities that present a
direct or indirect risk to United States or partner and
allied missions and forces.'';
(3) in paragraph (2), as so redesignated, by striking
``with an estimated value in excess of $50,000 that is
performed outside the United States, including its territories
and possessions, in support'' and all that follows through the
period at the end and inserting ``that is performed outside the
United States, including its territories and possessions.'';
(4) by amending paragraph (3), as so redesignated, to read
as follows:
``(3) Covered person or entity.--The term `covered person
or entity' means any person, corporation, company, limited
liability company, limited partnership, business trust,
business association, or other similar entity outside of the
United States or any foreign reporting company in accordance
with section 5336(a)(11)(A)(ii) of title 31, United States
Code, that is responding to a covered solicitation or
performing work on a covered contract, grant, or cooperative
agreement.''; and
(5) by inserting after paragraph (3), as so redesignated,
the following new paragraphs:
``(4) Covered procurement action.--The term `covered
procurement action'means an action taken by a head of
contracting activity to--
``(A) exclude a person or commercial entity from
award with or without an existing contract, grant, or
cooperative agreement;
``(B) terminate an existing contract, grant, or
cooperative agreement for default; or
``(C) void in whole or in part an existing
contract, grant, or cooperative agreement.
``(5) Covered solicitation.--The term `covered
solicitation' means any Department of Defense solicitation for
work for which the place of performance is outside of the
United States.''.
(d) Effective Date.--The amendments made by this section shall take
effect not later than 180 days after the enactment of this Act, and
shall apply to covered solicitations issued and covered contracts,
grants, or cooperative agreements (as that term is defined in section
843 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015, as amended by subsection (c))
awarded on or after such date, and to task and delivery orders that
have been issued on or after such date pursuant to covered contracts,
grants, or cooperative agreements that are awarded before, on, or after
such date.
SEC. 813. ENHANCEMENT OF DEPARTMENT OF DEFENSE CAPABILITIES TO PREVENT
CONTRACTOR FRAUD.
(a) Withholding of Contractual Payments.--Subsection (a) of section
4651 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``clause (1)'' and inserting
``paragraph (1)''; and
(B) by striking ``at least three, but not more than
10, as determined by the Secretary or his designee,
times the cost incurred by the contractor in giving
gratuities to the officer, official, or employee
concerned.'' and inserting ``of up to 10 percent of the
total contract award amount;'';
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) with respect to a contract that could have been
terminated under paragraph (1) but for the completion of
performance of the contract, the United States is entitled to
exemplary damages as set forth in paragraph (2); and
``(4) the Secretary of Defense or the Secretary of a
military department may, after providing notice to the
contractor and pending the determination concerning exemplary
damages referred to in paragraph (2), withhold from payments
otherwise due to the contractor under any contract between the
contractor and the United States an amount not to exceed 10
percent of the total contract award amount.''; and
(4) in the matter following paragraph (4), as added by
paragraph (3) of this subsection, by striking ``clause (1)''
and inserting ``paragraph (1)''.
(b) Burden of Proof.--Paragraph (1) of section 4651(a) of title 10,
United States Code, as amended by subsection (a) of this section, is
further amended by inserting ``and by a preponderance of the evidence''
after ``after notice and hearing''.
SEC. 814. MODIFICATION OF APPROVAL AUTHORITY FOR HIGH DOLLAR OTHER
TRANSACTION AGREEMENTS FOR PROTOTYPES.
(a) Amendments Relating to Authority.--Section 4022(a)(2)(C)(i)(I)
of title 10, United States Code, is amended by inserting after
``subsection (d)'' the following: ``were met for the prior transaction
for the prototype project that provided for the award of the follow-on
production contract or transaction, and the requirements of subsection
(f)''.
(b) Amendment Relating to Appropriate Use of Authority.--Section
4022(d) of such title is amended by adding at the end the following new
paragraph:
``(3) The requirements of this subsection do not apply to follow-on
production contracts or transactions under subsection (f).''.
SEC. 815. MODIFICATIONS TO EARNED VALUE MANAGEMENT SYSTEM REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary for Acquisition and
Sustainment shall update appropriate policies related to Earned Value
Management (EVM) as follows:
(1) Update subpart 234.2 of the Defense Federal Acquisition
Regulation Supplement (DFARS) to exempt all software contracts
and subcontracts from EVM requirements.
(2) Update sections 234.201, 234.203, 252.234-7001, and
252.242-7002 of the DFARS--
(A) to increase contract value thresholds
associated with requiring EVM on cost or incentive
contracts from $20,000,000 to $50,000,000; and
(B) to increase the contract value threshold for
the contractor to use an EVM System from $50,000,000 to
$100,000,000.
(b) Implementation.--If the Under Secretary of Defense for
Acquisition and Sustainment is unable to update the regulations
specified in subsection (a) before the deadline specified in such
subsection, the Under Secretary of Defense for Acquisition and
Sustainment shall providing to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing explaining the timeline for implementation.
SEC. 816. INVENTORY OF INFLATION AND ESCALATION INDICES.
(a) Inventory Required.--
(1) In general.--Not later than September 30, 2024, the
Under Secretary of Defense for Acquisition and Sustainment, in
coordination with the Service Acquisition Executives, shall
conduct an inventory of inflation and escalation indices
currently used for contracting and pricing purposes across the
Department and make the inventory available as a resource for
all government and industry contracting and pricing
professionals.
(2) Elements.--The inventory required under paragraph (1)--
(A) shall include indices used for products and
indices used for services, including accessibility
instructions;
(B) may include relevant indices derived from or
leveraged by commercial, academic, or nongovernmental
sources; and
(C) shall separately identify indices for which the
Department of Defense purchases access.
(b) Assessment.--As part of the inventory required under subsection
(a), the Under Secretary of Defense for Acquisition and Sustainment
shall also conduct an assessment of the available inflation and
escalation indices in order to determine--
(1) gaps in any available indices where identification or
development of new indices may be necessary; and
(2) in instances where there are multiple indices being
used--
(A) whether consolidation on a single index or
smaller subset of indices is possible or advisable; and
(B) whether commercial, academic, or
nongovernmental indices have any comparative benefit or
advantage over governmental sources.
(c) Periodic Updates.--The Under Secretary of Defense for
Acquisition and Sustainment shall periodically, and not less than once
every 5 years, review and update the inventory required under
subsection (a).
(d) Guidance.--Not later than March 30, 2025, the Under Secretary
of Defense for Acquisition and Sustainment, in coordination with the
Service Acquisition Executives, shall issue guidance providing for the
consistent application and maintenance of data included in the
inventory required under subsection (a) for use by government
contracting and pricing personnel.
SEC. 817. PILOT PROGRAM TO INCENTIVIZE PROGRESS PAYMENTS.
(a) Pilot Program.--The Under Secretary of Defense for Acquisition
and Sustainment shall establish and implement a pilot program to
incentivize large business concerns awarded Department of Defense
contracts to qualify for progress payments up to 10 percentage points
higher than the standard progress payment rate.
(b) Incentives.--The Under Secretary for Acquisition and
Sustainment shall establish clear and measurable criteria to provide
for the payment to contractors of higher progress payments as described
in subsection (a), including meeting one or more of the following
criteria:
(1) Adherence to delivery dates for contract end items and
contract data requirement lists or compliance with the
performance milestone schedule during the preceding fiscal
year.
(2) The lack of any open level III or IV corrective action
requests.
(3) Acceptability of the contractor's business systems
without significant deficiencies.
(4) Meeting small business subcontracting goals during the
preceding fiscal year.
(c) Report.--The Under Secretary for Acquisition and Sustainment
shall submit to the Committees on Armed Services of the Senate and
House of Representatives an annual report on the implementation of the
pilot program established under subsection (a), including a
comprehensive list of contractors and the contracts that received the
increased progress payments.
(d) Definitions.--In this section:
(1) Standard progress payment rate.--The term ``standard
progress payment rate'' refers to the rate of progress payments
provided for under section 3804 of title 10, United States
Code, and payable in accordance with the applicable provisions
of the Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement.
(2) Large business concerns.--The term ``large business
concerns'' means a business concern that exceeds the small
business size code standards established by the Small Business
Administration as set forth in part 121 of title 13, Code of
Federal Regulations.
(e) Sunset.--The authority to carry out the pilot program
established under subsection (a) shall terminate on January 1, 2026.
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND
PRICING PROCESSES.
Section 890 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), as most recently amended
by section 818 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, is further amended in subsection (c) by
striking ``January 2, 2024'' and inserting ``January 2, 2028''.
SEC. 819. PREVENTING CONFLICTS OF INTEREST FOR DEPARTMENT OF DEFENSE
CONSULTANTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall amend the Defense
Federal Acquisition Regulation--
(1) to require any entity that provides the services
described in North American Industry Classification System
(NAICS) code 5416, prior to entering into the Department of
Defense contract, to certify that--
(A) neither the entity nor any of its subsidiaries
or affiliates hold a contract with one or more covered
foreign entities; or
(B) the entity maintains a Conflict of Interest
Mitigation Surveillance Plan described under subsection
(b) that is auditable by contract oversight entities;
and
(2) to restrict Department of Defense contracts from being
awarded to an entity that provides the services described under
the NAICS code 5416, if the entity or any of its subsidiaries
or affiliates are determined, based on the self-certification
required under paragraph (1) or other information, to be a
contractor of, or otherwise providing services to, a covered
foreign entity unless such contractor maintains an enforceable
Conflict of Interest Mitigation Surveillance Plan.
(b) Conflict of Interest Mitigation Surveillance Plan.--Contractors
that are unable to certify under subsection (a)(1)(A) that neither they
nor any of their subsidiaries or affiliates hold a contract with one or
more covered foreign entities shall maintain a Conflict of Interest
Mitigation Surveillance Plan that is updated annually and shall be
provided to applicable contract oversight entities upon request. The
plan shall include--
(1) identification of the contracts with the covered
foreign entity (or entities) including the specific entity, the
dollar value of the contract, and the specific personnel
working on the contract;
(2) mitigation measures being taken to prevent conflicts of
interest (corporately as well as for individuals working on the
contract) that might arise by also supporting Department of
Defense contracts; and
(3) notification procedures to the contract oversight
entities within 15 days of determining an unmitigated conflict
of interest has arisen.
(c) Waiver.--The Secretary of Defense, or designee, shall have the
authority to waive conflicts of interest restrictions under subsection
(a) on a case-by-case basis as may be necessary to continue contracting
for certain national security requirements. The Secretary of Defense
may not delegate such authority to an official below the level of a
Presidentially appointed, Senate-confirmed official.
(d) Waiver Notification.--Not later than 30 days after issuing a
waiver under subsection (c) of this section, the Secretary of Defense
shall provide a written notification to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives regarding the use of such waiver authority. The
notification shall include--
(1) the specific justification for providing the waiver;
(2) the covered foreign entity with which the waiver
recipient is working which gives rise to the conflict of
interest;
(3) the number of bidders on a contract on which the waiver
was required;
(4) the number of bidders on a contract for which a waiver
would not have been required to have been issued; and
(5) the total dollar value of the contract.
(e) Definitions.--In this section:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means any of the following:
(A) The Government of the People's Republic of
China, any Chinese state-owned entity, or other entity
under the ownership, or control, directly or
indirectly, of the Government of the People's Republic
of China or the Chinese Communist Party that is engaged
in one or more national security industries.
(B) The Government of the Russian Federation, any
Russian state-owned entity, or any entity sanctioned by
the Secretary of the Treasury under Executive Order
13662 titled ``Blocking Property of Additional Persons
Contributing to the Situation in Ukraine''(79 Fed. Reg.
16169).
(C) The government or any state-owned entity of any
country if the Secretary of State determines that such
government has repeatedly provided support for acts of
international terrorism pursuant to--
(i) section 1754(c)(1)(A) of the Export
Control Reform Act of 2018 (50 U.S.C.
4318(c)(1)(A));
(ii) section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371);
(iii) section 40 of the Arms Export Control
Act (22 U.S.C. 2780); or
(iv) any other provision of law.
(D) Any entity included on any of the following
lists maintained by the Department of Commerce:
(i) The Entity List set forth in Supplement
No. 4 to part 744 of the Export Administration
Regulations.
(ii) The Denied Persons List as described
in section 764.3(a)(2) of the Export
Administration Regulations.
(iii) The Unverified List set forth in
Supplement No. 6 to part 744 of the Export
Administration Regulations.
(iv) The Military End User List set forth
in Supplement No. 7 to part 744 of the Export
Administration Regulations.
(2) Contract oversight entities.--The term ``contract
oversight entities'' means any of the following:
(A) The contracting officer.
(B) The contracting officer representative.
(C) The Defense Contract Management Agency.
(D) The Defense Contract Audit Agency.
(E) The Office of Inspector General (OIG) of the
Department of Defense or any subcomponent of OIG.
(F) The Government Accountability Office.
SEC. 820. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE
INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS.
(a) Definitions.--In this section:
(1) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) nitrogen trifluoride;
(E) hydrofluorocarbons;
(F) perfluorcarbons; or
(G) sulfur hexafluoride.
(2) Greenhouse gas inventory.--The term ``greenhouse gas
inventory'' means a quantified list of an entity's annual
greenhouse gas emissions.
(3) Nontraditional defense contractor.--The term
``nontraditional defense contractor'' has the meaning given the
term in section 3014 of title 10, United States Code.
(b) Prohibition on Disclosure Requirements.--
(1) Nontraditional defense contractors.--The Secretary of
Defense may not require any nontraditional defense contractor
recipient of a defense contract to provide a greenhouse gas
inventory or to provide any other report on greenhouse gas
emissions.
(2) Other than nontraditional defense contractors.--During
the two-year period beginning on the date of the enactment of
this Act, the Secretary of Defense may not require any other
than nontraditional defense contractor recipient of a defense
contract to provide a greenhouse gas inventory or to provide
any other report on greenhouse gas emissions.
SEC. 821. PROHIBITION ON CONTRACTS FOR THE PROVISION OF ONLINE TUTORING
SERVICES BY ENTITIES OWNED BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--The Secretary of Defense may not, on or after the
date of the enactment of this Act, enter into or renew a contract for
the provision of online tutoring services by an entity owned or
controlled by the Government of the People's Republic of China.
(b) Waiver.--
(1) In general.--The Secretary may waive the prohibition
under subsection (a).
(2) Nondelegation.--The Secretary may not delegate the
authority to issue a waiver under paragraph (1).
SEC. 822. MODIFICATION OF TRUTHFUL COST OR PRICING DATA SUBMISSIONS AND
REPORT.
Section 3705(b)(2)(B) of title 10, United States Code, is amended
by striking ``should-cost analysis.'' and all that follows through
``past performance.'' and inserting ``should-cost analysis and shall
identify such offerors that incur a delay greater than 200 days in
submitting such cost or pricing data. The Secretary of Defense shall
include a public notation on such offerors.''.
SEC. 823. REPEAL OF BONAFIDE OFFICE RULE FOR 8(A) CONTRACTS WITH THE
DEPARTMENT OF DEFENSE.
Section 8(a)(11) of the Small Business Act (15 U.S.C. 637(a)(11))
is amended--
(1) by inserting ``(A)'' before ``To the maximum''; and
(2) by adding at the end the following:
``(B) Subparagraph (A) shall not apply with respect to a
contract entered into under this subsection with the Department
of Defense.''.
Subtitle C--Industrial Base Matters
SEC. 831. DEFENSE INDUSTRIAL BASE ADVANCED CAPABILITIES PILOT PROGRAM.
(a) Establishment.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall carry out a pilot program
through a public-private partnership to accelerate the scaling,
production, and acquisition of advanced defense capabilities
determined by the Under Secretary to be critical to the
national security by creating incentives for investment in
domestic small businesses or nontraditional businesses to
create a robust and resilient defense industrial base.
(2) Goals.--The goals of the public-private partnership
pilot program are as follows:
(A) To bolster the defense industrial base through
acquisition and deployment of advanced capabilities
necessary to field Department of Defense modernization
programs and priorities.
(B) To strengthen domestic defense supply chain
resilience and capacity by investing in innovative
defense companies.
(C) To leverage private equity capital to
accelerate domestic defense scaling, production, and
manufacturing.
(b) Public-private Partnerships.--
(1) In general.--In carrying out subsection (a), the Under
Secretary shall enter into one or more public-private
partnerships, consistent with the phased implementation
provided for in subsection (e), with for-profit persons using
the criteria set forth in paragraph (2).
(2) Criteria.--The Under Secretary shall establish criteria
for entering into one or more public-private partnerships and
shall submit to the congressional defense committees such
criteria, which shall not take effect for the purposes of
entering into any agreement until 30 days after submission.
(3) Operating agreement.--The Under Secretary and a person
or persons with whom the Under Secretary enters a partnership
under paragraph (1) shall enter into an operating agreement
that sets forth the roles, responsibilities, authorities,
reporting requirements, term, and governance framework for the
partnership and its operations. Such operating agreements may
not take effect until 30 days after they have been submitted to
the congressional defense committees.
(c) Investment of Equity.--
(1) In general.--Pursuant to public-private partnerships
entered into under subsection (b), a person or persons with
whom the Under Secretary has entered into a partnership may
invest equity in domestic small businesses or nontraditional
businesses consistent with subsection (a), with investments
selected based on technical merit, economic value, and the
Department's modernization priorities. The partnership shall
require investment in not less than 10 businesses, with no
business representing greater than 20 percent of total
investment and no capability area exceeding 40 percent of total
investment
(2) Authorities.--A person or persons described in
paragraph (1) shall have sole authority to operate, manage, and
invest.
(d) Loan Guarantee.--
(1) In general.--Pursuant to the authority established
under [section __] the Under Secretary shall provide an up to
80 percent loan guarantee, pursuant to the public-private
partnerships entered into under subsection (b), with investment
of equity that qualifies under subsection (c) and consistent
with the goals set forth under subsection (a)(2).
(2) Pilot program authority.--The temporary loan guarantee
authority described under paragraph (1) is exclusively for the
public-private partnerships authorized under this section and
may not be utilized for other programs or purposes.
(3) Subject to operating agreement.--The loan guarantee
under paragraph (1) shall be subject to the operating agreement
entered into under subsection (b)(3).
(4) Use of funds.--Obligations incurred by the Under
Secretary under this paragraph shall be subject to the
availability of funds provided in advance specifically for the
purpose of such loan guarantees.
(e) Phased Implementation Schedule and Required Reports and
Briefings.--The program established under subsection (a) shall be
carried out in two phases as follows:
(1) Phase 1.--
(A) In general.--Phase 1 shall consist of an
initial pilot program with one public-private
partnership, consistent with subsection (b), to assess
the feasibility and advisability of expanding the scope
of the program. The Under Secretary shall begin
implementation of phase 1 not later than 180 days after
the date of the enactment of this Act.
(B) Implementation schedule and framework.--Not
later than 90 days after the date of the enactment of
this Act, the Secretary shall submit an implementation
plan to the congressional defense committees on the
design of phase 1. The plan shall include--
(i) an overview of, and the activities
undertaken, to execute the public-private
partnership;
(ii) a description of the advanced
capabilities and defense industrial base areas
under consideration for investment;
(iii) an overview of the operating
agreement described in subsection (b)(3); and
(iv) implementation milestones and metrics.
(C) Report and briefing required.--Not later than
27 months after the date of the enactment of this Act,
the Secretary shall provide to the congressional
defense committees a report and briefing on the
implementation of this section and the feasibility and
advisability of expanding the scope of the pilot
program. The report and briefing shall include, at
minimum--
(i) an overview of program performance, and
implementation and execution milestones and
outcomes;
(ii) an overview of progress in--
(I) achieving new products in
production aligned with Department of
Defense needs;
(II) scaling businesses aligned to
targeted industrial base and capability
areas;
(III) generating defense industrial
base job growth;
(IV) increasing supply chain
resilience and capacity; and
(V) enhancing competition on
advanced capability programs;
(iii) an accounting of activities
undertaken and outline of the opportunities and
benefits of expanding the scope of the pilot
program; and
(iv) a recommendation by the Secretary
regarding the feasibility and desirability of
expanding the pilot program.
(2) Phase 2.--
(A) In general.--Not later than 30 months after the
date of the enactment of this Act, the Secretary may
expand the scope of the phase 1 pilot program with the
ability to increase to not more than three public-
private partnerships, consistent with subsection (b).
(B) Report and briefing required.--Not later than
five years after the date of the enactment of this Act,
the Secretary shall provide to the congressional
defense committees a report and briefing on the
outcomes of the pilot program under subsection (a),
including the elements described in paragraph (1)(C),
and the feasibility and advisability of making the
program permanent.
(f) Termination.--The authority to enter into an agreement to carry
out the pilot program under subsection (a) shall terminate on the date
that is five years after the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) Domestic business.--The term ``domestic business'' has
the meaning given the term ``U.S. business'' in section 800.252
of title 31, Code of Federal Regulations, or successor
regulation.
(2) Domestic small businesses or nontraditional
businesses.--The term ``domestic small businesses or
nontraditional businesses'' means--
(A) a small business that is a domestic business;
or
(B) a nontraditional business that is a domestic
business.
(3) Nontraditional business.--The term ``nontraditional
business'' has the meaning given the term ``nontraditional
defense contractor'' in section 3014 of title 10, United States
Code.
(4) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section 3
of the Small Business Act (15 U.S.C. 632).
SEC. 832. DEPARTMENT OF DEFENSE NOTIFICATION OF CERTAIN TRANSACTIONS.
(a) In General.--The parties to a covered transaction required to
file the notification and provide supplementary information to the
Department of Justice or the Federal Trade Commission under section 7A
of the Clayton Act (15 U.S.C. 18a) shall concurrently provide such
information to the Department of Defense during the waiting period
under section 7A of the Clayton Act (15 U.S.C. 18a).
(b) Definitions.--In this section:
(1) Covered transaction.--The term ``covered transaction''
means an actual or proposed merger, acquisition, joint venture,
strategic alliance, or investment--
(A) for which the parties are required to file a
notification under section 7A of the Clayton Act (15
U.S.C. 18a); and
(B) any party to which is, owns, or controls a
major defense supplier.
(2) Major defense supplier.--The term ``major defense
supplier'' means--
(A) a current prime contractor of a major defense
acquisition program as defined in chapter 201 of title
10, United States Code;
(B) a current prime contractor of a middle tier
acquisition as defined pursuant to section 804 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 882);
(C) a current prime contractor of a software
acquisition program described under section 800 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1478);
(D) a current prime contractor of a defense
business system as defined in section 2222 of title 10,
United States Code; or
(E) a current prime contractor of a service
contract with the Department of Defense, as defined in
part 237 of the Defense Federal Acquisition Regulation
Supplement, above the simplified acquisition threshold.
SEC. 833. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING
AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment
and other appropriate officials, shall review the items under
subsection (c) to determine and develop appropriate actions,
consistent with the policies, programs, and activities required
under subpart I of part V of subtitle A of title 10, United
States Code, chapter 83 of title 41, United States Code, and
the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.),
including--
(A) restricting procurement, with appropriate
waivers for cost, emergency requirements, and non-
availability of suppliers, including restricting
procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology
and industrial base (as defined in section 4801
of title 10, United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research
and development or procurement activities and
acquisition authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for
addressing military requirements;
(C) prohibiting procurement from selected sources
or nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to
paragraph (1) shall consider national security, economic, and
treaty implications, as well as impacts on current and
potential suppliers of goods and services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15, 2025,
the Secretary of Defense shall submit to the congressional
defense committees, in writing--
(A) a summary of the findings of the analyses
undertaken for each item pursuant to subsection (a);
(B) relevant recommendations resulting from the
analyses; and
(C) descriptions of specific activities undertaken
as a result of the analyses, including schedule and
resources allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the
analyses conducted under subsection (a), and any relevant
recommendations and descriptions of activities resulting from
such analyses, as appropriate, in each of the following during
the 2025 calendar year:
(A) The annual report or quarterly briefings to
Congress required under section 4814 of title 10,
United States Code.
(B) The annual report on unfunded priorities of the
national technology and industrial base required under
section 4815 of such title.
(C) Department of Defense technology and industrial
base policy guidance prescribed under section 4811(c)
of such title.
(D) Activities to modernize acquisition processes
to ensure the integrity of the industrial base pursuant
to section 4819 of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851
of such title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant
statutes which the Department shall consider, develop,
and submit to the Committees on Armed Services of the
Senate and the House of Representatives not less
frequently than once per fiscal year.
(H) Other actions as the Secretary of Defense
determines appropriate.
(c) List of Goods and Services for Analyses, Recommendations, and
Actions.--The items described in this subsection are the following:
(1) Traveling Wave Tubes and Traveling Wave Tube
Amplifiers.
SEC. 834. PILOT PROGRAM ON CAPITAL ASSISTANCE TO SUPPORT DEFENSE
INVESTMENT IN THE INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense may carry out a pilot
program under this section to use capital assistance to support the
duties and elements of sections 901 and 907.
(b) Eligibility and Application Process.--
(1) In general.--An eligible entity seeking capital
assistance for an eligible investment under this section shall
submit to the Secretary of Defense an application at such time,
in such manner, and containing such information as the
Secretary may require.
(2) Selection of investments.--The Secretary shall
establish criteria for selecting among eligible investments for
which applications are submitted under subsection (c)(2). The
criteria shall include--
(A) the extent to which an investment supports the
national security of the United States;
(B) the likelihood that capital assistance provided
for an investment would enable the investment to
proceed sooner than the investment would otherwise be
able to proceed; and
(C) the creditworthiness of an investment.
(c) Capital Assistance.--
(1) Loans and loan guarantees.--
(A) In general.--The Secretary may provide loans or
loan guarantees to finance or refinance the costs of an
eligible investment selected pursuant to subsection
(b)(2).
(B) Administration of loans.--
(i) Interest rate.--
(I) In general.--Except as provided
under subclause (II), the interest rate
on a loan provided under subparagraph
(A) shall be not less than the yield on
marketable United States Treasury
securities of a similar maturity to the
maturity of the loan on the date of
execution of the loan agreement.
(II) Exception.--The Secretary may
waive the requirement under subclause
(I) with respect to an investment if
the investment is determined by the
Secretary of Defense to be vital to the
national security of the United States.
(III) Criteria.--The Secretary
shall establish separate and distinct
criteria for interest rates for loan
guarantees with private sector lending
institutions.
(ii) Final maturity date.--The final
maturity date of a loan provided under
subparagraph (A) shall be not later than 50
years after the date of substantial completion
of the investment for which the loan was
provided.
(iii) Prepayment.--A loan provided under
subparagraph (A) may be paid earlier than is
provided for under the loan agreement without a
penalty.
(iv) Nonsubordination.--
(I) In general.--A loan provided
under subparagraph (A) shall not be
subordinated to the claims of any
holder of investment obligations in the
event of bankruptcy, insolvency, or
liquidation of the obligor.
(II) Exception.--The Secretary may
waive the requirement under subclause
(I) with respect to the investment in
order to mitigate risks to loan
repayment.
(v) Sale of loans.--The Secretary may sell
to another entity or reoffer into the capital
markets a loan provided under subparagraph (A)
if the Secretary determines that the sale or
reoffering can be made on favorable terms.
(vi) Loan guarantees.--Any loan guarantee
provided under subparagraph (A) shall specify
the percentage of the principal amount
guaranteed. If the Secretary determines that
the holder of a loan guaranteed by the
Department of Defense defaults on the loan, the
Secretary shall pay the holder as specified in
the loan guarantee agreement.
(vii) Investment-grade rating.--The
Secretary shall establish a credit rating
system to ensure a reasonable reassurance of
repayment. The system may include use of
existing credit rating agencies where
appropriate.
(viii) Terms and conditions.--Loans and
loan guarantees provided under subparagraph (A)
shall be subject to such other terms and
conditions and contain such other covenants,
representations, warranties, and requirements
(including requirements for audits) as the
Secretary determines appropriate.
(ix) Applicability of federal credit reform
act of 1990.--Loans and loan guarantees
provided under subparagraph (A) shall be
subject to the requirements of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.).
(2) Equity investments.--
(A) In general.--The Secretary may, as a minority
investor, support an eligible investment selected
pursuant to subsection (b)(2) with funds or use other
mechanisms for the purpose of purchasing, and may make
and fund commitments to purchase, invest in, make
pledges in respect of, or otherwise acquire, equity or
quasi-equity securities (such as warrants), or shares
or financial interests of the eligible entity receiving
support for the eligible investment, including as a
limited partner or other investor in investment funds,
upon such terms and conditions as the Secretary may
determine.
(B) Sales and liquidation of position.--The
Secretary shall seek to sell and liquidate any support
for an investment provided under subparagraph (A) as
soon as commercially feasible, commensurate with other
similar investors in the investment and taking into
consideration the national security interests of the
United States.
(3) Technical assistance.--Subjection to Appropriations
acts, the Secretary may provide technical assistance with
respect to developing and financing investments to eligible
entities seeking capital assistance for eligible investments
and eligible entities receiving capital assistance under this
section.
(4) Terms and conditions.--
(A) Amount of capital assistance.--The Secretary
shall provide to an eligible investment selected
pursuant to subsection (b)(2) the amount of assistance
necessary to carry out the investment.
(B) Use of united states dollars.--All financial
transactions conducted under this section shall be
conducted in United States dollars.
(d) Establishment of Accounts.--
(1) Credit program account.--
(A) Establishment.--There is established in the
Treasury of the United States a Department of Defense
Credit Program Account to execute loans and loan
guarantees in accordance with section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(B) Funding.--The Credit Program Account shall
consist of amounts appropriated pursuant to the
authorization of appropriations and fees collected
pursuant to subparagraph (C).
(C) Fee authority.--The Secretary may charge and
collect fees for providing capital assistance in
amounts to be determined by the Secretary. The
Secretary shall establish the amount of such fees in
regulations at an amount sufficient to cover but not
exceed the administrative costs to the Office of
providing capital assistance.
(2) Equity account.--
(A) Establishment.--There is established in the
Treasury of the United States a Department of Defense
Strategic Capital Equity Account.
(B) Funding.--The Strategic Capital Equity Account
shall consist of all amounts appropriated pursuant to
the authorization of appropriations.
(3) Use of funds.--Subject to appropriations Acts, the
Secretary is authorized to pay, from the Department of Defense
Credit Program Account or the Department of Defense Strategic
Capital Equity Account--
(A) the cost, as defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of
loans and loan guarantees and other capital assistance;
(B) administrative expenses associated with
activities under this section;
(C) project-specific transaction costs;
(D) the cost of providing support authorized by
this section; and
(E) the costs of equity investments.
(e) Regulations.--The Secretary of Defense shall prescribe such
regulations as are necessary to carry out this section. The Secretary
may not exercise the authorities available under this section until
such time as these regulations have been issued and adopted by the
Department.
(f) Annual Report.--Not later than the first Monday in February of
a fiscal year, the Secretary of Defense shall submit to the
congressional defense committees an annual report describing activities
carried out pursuant to this section in the preceding fiscal year and
the goals of the Department of Defense in accordance with this section
for the next fiscal year.
(g) Notification Requirement.--The Secretary of Defense shall
notify the congressional defense committees not later than 30 days
after a use of loans, loan guarantees, equity investments, insurance,
or reinsurance under this section.
(h) Sunset.--The authorities provided under this section shall
expire on October 1, 2028.
(i) Definitions.--In this section:
(1) Capital assistance.--The term ``capital assistance''
means loans, loan guarantees, equity investments, insurance and
reinsurance, or technical assistance provided under subsection
(c).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a corporation, including a limited liability
corporation;
(C) a partnership, including a public-private,
limited, or general partnership;
(D) a joint venture, including a strategic
alliance;
(E) a trust;
(F) a State of the United States, including a
political subdivision or any other instrumentality of a
State;
(G) a Tribal government or consortium of Tribal
governments;
(H) any other governmental entity or public agency
in the United States, including a special purpose
district or public authority, including a port
authority; or
(I) a multi-State or multi-jurisdictional group of
public entities within the United States.
(3) Eligible investment.--The term ``eligible investment''
means an investment that facilitates the efforts of the
Office--
(A) to identify, accelerate, and sustain the
establishment, research, development, construction,
procurement, leasing, consolidation, alteration,
improvement, or repair of tangible and intangible
assets vital to national security; or
(B) to protect vital tangible and intangible assets
from theft, acquisition, and transfer by adversaries of
the United States.
(4) Obligor.--The term ``obligor'' means a party that is
primarily liable for payment of the principal of or interest on
a loan.
SEC. 835. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENTS FROM NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
(a) In General.--Section 4864(a) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) Traveling-wave tube and traveling wave tube
amplifiers.--A traveling-wave tube and traveling wave tube
amplifier, that meets established technical and reliability
requirements, used in a satellite weighing more than 400 pounds
whose principle purpose is to support the national security,
defense, or intelligence needs of the United States
Government.''.
(b) Exception.--Paragraph (6) of section 4864(a) of title 10,
United States Code, as added by subsection (a), shall not apply with
respect to programs that received Milestone A approval (as defined in
section 2431a of such title) before October 1, 2022.
(c) Clarification of Delegation Authority.--Subject to subsection
(i) of section 4864 of title 10, United States Code, the Secretary of
Defense may delegate to a service acquisition executive the authority
to make a waiver under subsection (d) of such section with respect to
the limitation under subsection (a)(6) of such section, as added by
subsection (a) of this section.
SEC. 836. SENSE OF CONGRESS RELATING TO RUBBER SUPPLY.
It is the sense of Congress that--
(1) the Department of Defense should take all appropriate
action to lessen the dependence of the Armed Forces on
adversarial nations for the procurement of strategic and
critical materials, and that one such material in short supply
according to the most recent report from Defense Logistics
Agency Strategic Material is natural rubber, undermining our
national security and jeopardizing the military's ability to
rely on a stable source of natural rubber for tire
manufacturing and production of other goods; and
(2) the Secretary of Defense should take all appropriate
action, pursuant with the authority provided by the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98a et seq.)
to engage in activities that may include stockpiling, but shall
also include research and development aspects for increasing
the domestic supply of natural rubber.
Subtitle D--Small Business Matters
SEC. 841. AMENDMENTS TO DEFENSE RESEARCH AND DEVELOPMENT RAPID
INNOVATION PROGRAM.
Section 4061 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``to enable and assist
small businesses'' after ``merit-based
program'';
(ii) by striking ``fielding of
technologies'' and inserting
``commercialization of various technologies,
including critical technologies''; and
(iii) by inserting ``capabilities developed
through competitively awarded prototype
agreements'' after ``defense laboratories,'';
and
(B) in paragraph (2), by inserting ``support full-
scale integration,'' after ``evaluation outcomes,'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``primarily
major defense acquisition programs, but also other''
after ``candidate proposals in support of''; and
(B) in paragraph (2), by striking ``by each
military department'' and inserting ``by each component
small business office of each military department'';
and
(3) in subsection (d)(2), by striking ``$3,000,000'' and
inserting ``$6,000,000''.
SEC. 842. DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM.
Section 4902(e) of title 10, United States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``Before providing assistance'' and
inserting ``(1) Before providing assistance''; and
(4) by adding at the end the following new paragraph:
``(2) An agreement under this subsection may be a contract,
cooperative agreement, or a partnership intermediary agreement.''.
SEC. 843. CONSIDERATION OF THE PAST PERFORMANCE OF AFFILIATE COMPANIES
OF SMALL BUSINESSES.
Not later than July 1, 2024, the Secretary of Defense shall amend
section 215.305 of the Defense Federal Acquisition Supplement (or any
successor regulation) to require that when small business concerns bid
on Department of Defense contracts, the past performance evaluation and
source selection processes shall consider, if relevant, the past
performance information of affiliate companies of the small business
concerns.
SEC. 844. TIMELY PAYMENTS FOR DEPARTMENT OF DEFENSE SMALL BUSINESS
SUBCONTRACTORS.
(a) Reduction in Time for Contractor Explanation and Past
Performance Consideration of Unjustified Withholding of Payments to
Department of Defense Small Business Subcontractors.--Section
8(d)(13)(B)(i) of the Small Business Act (15 U.S.C. 637(d)(13)(B)(i))
is amended by inserting ``, or, for a covered contract awarded by the
Department of Defense, more than 30 days past due,'' after ``90 days
past due''.
(b) Clarification That Contracting Officers of the Department of
Defense Are Authorized to Enter or Modify Past Performance Information
Related to Unjustified Non-payment or Reduced Payment Before or After
Contract Close-out.--Section 8(d)(13)(C) of the Small Business Act (15
U.S.C. 637(d)(13)(C)) is amended--
(1) by striking ``A contracting officer'' and inserting the
following:
``(i) In general.--A contracting officer'';
and
(2) by adding at the end the following:
``(ii) Past performance information for dod
contracts.--The contracting officer for a
covered contract awarded by the Department of
Defense may enter or modify past performance
information of the prime contractor in
connection with the unjustified failure to make
a full or timely payment to a subcontractor
before or after close-out of the covered
contract.''.
(c) Duty of Cooperation to Correct and Mitigate Unjustified Failure
by Department of Defense Prime Contractors to Make Full or Timely
Payments to Subcontractors.--Section 8(d)(13) of the Small Business Act
(15 U.S.C. 637(d)(13)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by inserting after subparagraph (D) the following:
``(E) Cooperation on dod contracts.--
``(i) In general.--If a contracting officer
of the Department of Defense determines, with
respect to a prime contractor's past
performance, that there was an unjustified
failure by the prime contractor on a covered
contract awarded by the Department of Defense
to make a full or timely payment to a
subcontractor covered by subparagraph (B) or
(C), such prime contractor is required to
cooperate with the contracting officer, who
shall consult with the Director of Small
Business Programs or Director of Small and
Disadvantaged Business Utilization acting
pursuant to section 15(k)(6) and other
representatives of the Department of Defense,
with regards to correcting and mitigating such
unjustified failure to make a full or timely
payment to the subcontractor.
``(ii) Period.--The duty of cooperation
under this subparagraph continues until the
subcontractor is made whole or the contracting
officer's determination is no longer effective,
and regardless of performance or close-out
status of the covered contract.''; and
(3) in subparagraph (D), by striking ``subparagraph (E)''
and inserting ``subparagraph (F)''.
(d) Applicability.--The amendments made by this section shall apply
to any covered contract (as defined in section 8(d)(13)(A) of the Small
Business Act (15 U.S.C. 637(d)(13)(A)) that is entered into or modified
by the Department of Defense on or after the date of enactment of this
Act.
SEC. 845. EXTENSION OF PILOT PROGRAM FOR STREAMLINED TECHNOLOGY
TRANSITION FROM THE SBIR AND STTR PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
Section 1710(e) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) is amended by striking ``September
30, 2023'' and inserting ``September 30, 2028''.
SEC. 846. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE DEPARTMENT
OF DEFENSE.
Section 279(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3507) is amended by striking ``each fiscal years 2021, 2022, and 2023''
and replacing with ``each fiscal year through fiscal year 2028''.
SEC. 847. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Definitions.--Section 4951 of title 10, United States Code, is
amended--
(1) in paragraph (1)(C), by striking ``private, nonprofit
organization'' and inserting ``nonprofit organization''; and
(2) by adding at the end the following new paragraph:
``(5) The term `business entity' means a corporation,
association, partnership, limited liability company, limited
liability partnership, consortia, not-for-profit, or other
legal entity.''.
(b) Cooperative Agreements.--Section 4954 of title 10, United
States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(B) by inserting ``(1)'' before ``Under''; and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary shall have the ability to waive or modify the
percentages specified in paragraph (1), on a case-by-case basis, if the
Secretary determines that it would be in the best interest of the
program.'';
(2) by striking subsection (c) and redesignating
subsections (d), (e), and (f) as subsections (e), (f), and (h);
and
(3) by inserting after subsection (f), as redesignated by
paragraph (2), the following new subsection:
``(g) Waiver of Government Cost Share Restriction.--If the
Secretary of Defense determines it to be in the best interests of the
Federal Government, the Secretary may waive the restrictions on the
percentage of eligible costs covered by the program under section (b).
The Secretary shall submit to the congressional defense committees a
written justification for such determination.''.
(c) Authority to Provide Certain Types of Technical Assistance.--
Section 4958(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraphs:
``(3) under clause 252.204-7012 of the Defense Acquisition
Regulation Supplement, or any successor regulation, and on
compliance with those requirements (and any successor
requirements); and
``(4) under section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1505), and on compliance with those requirements (and any
such successor requirements).''.
SEC. 848. EXTENSION OF PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH
EMPLOYEE-OWNED BUSINESSES.
Section 874 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 3204 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and prescribe
regulations'' after ``establish a pilot program''; and
(B) in paragraph (3), by striking ``A qualified''
and inserting ``Each contract held by a qualified'';
(2) in subsection (c)(2), by striking ``expended on
subcontracts, subject to such necessary and reasonable
waivers'' and inserting the following: ``expended on
subcontracts, except--
``(A) to the extent subcontracted amounts exceeding
50 percent are subcontracted to other qualified
businesses wholly-owned through an Employee Stock
Ownership Plan;
``(B) in the case of contracts for products, to the
extent subcontracted amounts exceeding 50 percent are
for materials not available from another qualified
business wholly-owned through an Employee Stock
Ownership Plan; or
``(C) pursuant to such necessary and reasonable
waivers''; and
(3) in subsection (e), by striking ``five years after'' and
inserting ``eight years after''.
SEC. 849. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESSES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern; small business concerns owned
and controlled by service-disabled veterans.--The terms ``small
business concern'' and ``small business concerns owned and
controlled by service-disabled veterans'' have the meanings
given those terms in section 3 of the Small Business Act (15
U.S.C. 632).
(b) Eliminating Self-Certification in Prime Contracting and
Subcontracting for SDVOSBs.--
(1) In general.--Each prime contract award and subcontract
award that is counted for the purpose of meeting the goals for
participation by small business concerns owned and controlled
by service-disabled veterans in procurement contracts for
Federal agencies, as established in section 15(g)(2) of the
Small Business Act (15 U.S.C. 644(g)(2)), shall be entered into
with small business concerns certified by the Administrator as
small business concerns owned and controlled by service-
disabled veterans under section 36 of such Act (15 U.S.C.
657f).
(2) Effective date.--Paragraph (1) shall take effect on
October 1 of the fiscal year beginning after the Administrator
promulgates the regulations required under subsection (d).
(c) Phased Approach to Eliminating Self-Certification for
SDVOSBs.--Notwithstanding any other provision of law, any small
business concern that self-certified as a small business concern owned
and controlled by service-disabled veterans may--
(1) if the small business concern files a certification
application with the Administrator before the end of the 1-year
period beginning on the date of enactment of this Act, maintain
such self-certification until the Administrator makes a
determination with respect to such certification; and
(2) if the small business concern does not file a
certification application before the end of the 1-year period
beginning on the date of enactment of this Act, lose, at the
end of such 1-year period, any self-certification of the small
business concern as a small business concern owned and
controlled by service-disabled veterans.
(d) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate regulations
to carry out this section.
SEC. 850. PAYMENT OF SUBCONTRACTORS.
Section 8(d)(13) of the Small Business Act (15 U.S.C. 637(d)(13))
is amended--
(1) in subparagraph (B)(i), by striking ``90 days'' and
inserting ``30 days'';
(2) in subparagraph (C)--
(A) by striking ``contractor shall'' and inserting
``contractor--
``(i) shall'';
(B) in clause (i), as so designated, by striking
the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(i) may enter or modify past performance
information of the prime contractor in
connection with the unjustified failure to make
a full or timely payment to a subcontractor
subject to this paragraph before or after
close-out of the covered contract.''.
(3) in subparagraph (D), by striking ``subparagraph (E)''
and inserting ``subparagraph (F)'';
(4) by redesignating subparagraph (E) as subparagraph (F);
and
(5) by inserting after subparagraph (D) the following'':
``(E) Cooperation.--
``(i) In general.--Once a contracting
officer determines, with respect to the past
performance of a prime contractor, that there
was an unjustified failure by the prime
contractor on a covered contract to make a full
or timely payment to a subcontractor covered by
subparagraph (B) or (C), the prime contractor
is required to cooperate with the contracting
officer, who shall consult with the Director of
Small Business Programs or the Director of
Small and Disadvantaged Business Utilization
acting pursuant to section 15(k)(6) and other
representatives of the Government, regarding
correcting and mitigating the unjustified
failure to make a full or timely payment to a
subcontractor.
``(ii) Duration.--The duty of cooperation
under this subparagraph for a prime contractor
described in clause (i) continues until the
subcontractor is made whole or the
determination of the contracting officer
determination is no longer effective, and
regardless of performance or close-out status
of the covered contract.''.
SEC. 851. INCREASE IN GOVERNMENTWIDE GOAL FOR PARTICIPATION IN FEDERAL
CONTRACTS BY SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY SERVICE-DISABLED VETERANS.
Section 15(g)(1)(A)(ii) of the Small Business Act (15 U.S.C.
644(g)(1)(A)(ii)) is amended by striking ``3 percent'' and inserting
``5 percent''.
SEC. 852. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN SMALL
BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business Act (15
U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by inserting ``(or $10,000,000, in the case of a
Department of Defense contract, as adjusted for inflation by
the Federal Acquisition Regulatory Council under section 1.109
of the Federal Acquisition Regulation)'' after ``$7,000,000'';
and
(2) by inserting ``(or $8,000,000, in the case of a
Department of Defense contract, as adjusted for inflation by
the Federal Acquisition Regulatory Council under section 1.109
of the Federal Acquisition Regulation)'' after ``$3,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C.637(m)) is
amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by inserting ``(or $10,000,000,
in the case of a Department of Defense contract, as
adjusted for inflation by the Federal Acquisition
Regulatory Council under section 1.109 of the Federal
Acquisition Regulation)'' after ``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000,
in the case of a Department of Defense contract, as
adjusted for inflation by the Federal Acquisition
Regulatory Council under section 1.109 of the Federal
Acquisition Regulation)'' after ``$4,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by inserting ``(or $10,000,000,
in the case of a Department of Defense contract, as
adjusted for inflation by the Federal Acquisition
Regulatory Council under section 1.109 of the Federal
Acquisition Regulation)'' after ``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000,
in the case of a Department of Defense contract, as
adjusted for inflation by the Federal Acquisition
Regulatory Council under section 1.109 of the Federal
Acquisition Regulation)'' after ``$4,000,000''.
(c) Qualified Hubzone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii))
is amended--
(1) in subclause (I), by inserting ``(or $10,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subclause (II), by inserting ``(or $8,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(d) Small Business Concerns Owned and Controlled by Service-
disabled Veterans.--Section 36(c)(2) of the Small Business Act (15
U.S.C. 657f(c)(2)) is amended--
(1) in subparagraph (A), by inserting ``(or $10,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subparagraph (B), by inserting ``(or $8,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(e) Certain Veteran-owned Concerns.--Section 8127(c) of title 38,
United States Code, is amended by striking ``$5,000,000'' and inserting
``the dollar thresholds under section 36(c)(2) of the Small Business
Act (15 U.S.C. 657f(c)(2))''.
Subtitle E--Other Matters
SEC. 861. LIMITATION ON THE AVAILABILITY OF FUNDS PENDING A PLAN FOR
IMPLEMENTING THE REPLACEMENT FOR THE SELECTED ACQUISITION
REPORTING SYSTEM.
Of the funds authorized to be appropriated by this Act for
Operation and Maintenance, Defense-Wide, for travel for the Office of
the Under Secretary of Defense for Acquisition and Sustainment, not
more than 85 percent may be obligated or expended until the Secretary
of Defense submits to the congressional defense committees a plan for
implementing the replacement for the Selected Acquisition Reporting
system as required by section 809 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263),
including--
(1) a timeline and process for implementing the
requirements of such section 809;
(2) a timeline and process for implementing quarterly
reporting versus annually for the replacement system, including
identification of policy, procedural, or technical challenges
to implementing that reporting periodicity;
(3) a timeline and process for providing access to the
replacement reporting system to congressional staff; and
(4) a timeline and process for providing access to the
replacement reporting system to the Government Accountability
Office, the public, and other relevant stakeholders.
SEC. 862. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``seven-year pilot
program'' and inserting ``eight-year pilot program''; and
(2) in subsection (g), by striking ``seven years'' and
inserting ``eight years''.
SEC. 863. MODIFICATION OF EFFECTIVE DATE FOR EXPANSION ON THE
PROHIBITION ON ACQUIRING CERTAIN METAL PRODUCTS.
Section 844(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3766) is amended by striking ``5 years'' and inserting ``6 years''.
SEC. 864. FOREIGN SOURCES OF SPECIALTY METALS.
Section 4863(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(1)'' before ``Subsection (a)(1)''; and
(4) by adding at the end the following new paragraph:
``(2) Any specialty metal procured as mill product or incorporated
into a component other than an end item pursuant to this subsection
shall be melted or produced--
``(A) in the United States;
``(B) in the country from which the mill product or
component is procured; or
``(C) in another country covered under paragraph
(1)(A)(ii).''.
SEC. 865. UNIVERSITY AFFILIATED RESEARCH CENTER FOR CRITICAL MINERALS.
(a) Plan to Establish a University Affiliated Research Center for
Critical Minerals.--
(1) In general.--The Secretary of Defense, in consultation
with the Under Secretary of Defense for Research and
Engineering, shall develop a plan to establish a new University
Affiliated Research Center (UARC), or to expand a current
relevant UARC or consortia of universities, for the purposes of
contributing to the capacity of the Department to conduct
research, development, engineering or workforce expansion
related to critical minerals for national security needs. The
plan should focus on institutional capacity at a mining school
or schools with expertise in engineering, applied research,
commercial and workforce development activities related to
critical minerals.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An assessment of the engineering, applied
research, commercialization, and workforce development
capabilities relating to critical minerals of mining
schools, including an assessment of the workforce and
physical research infrastructure of such schools.
(B) An assessment of the ability of mining
schools--
(i) to participate in defense-related
engineering, applied research,
commercialization, and workforce development
activities relating to critical minerals;
(ii) to effectively compete for defense-
related engineering, applied research,
commercialization, and workforce development
contracts and grants; and
(iii) to support the mission of the Under
Secretary to extend the capabilities of current
war fighting systems, develop breakthrough
capabilities, hedge against an uncertain future
through a set of scientific and engineering
options, and counter strategic surprise.
(C) An assessment of the activities and investments
necessary--
(i) to augment facilities or educational
programming at mining schools or a consortium
of mining schools--
(I) to support the mission of the
Under Secretary;
(II) to access, secure, and conduct
research relating to sensitive or
classified information; and
(III) to respond quickly to
emerging engineering, applied research,
commercialization, and workforce needs
relating to critical minerals.
(ii) to increase the participation of
mining schools in defense-related engineering,
applied research, commercialization, and
workforce development activities; and
(iii) to increase the ability of mining
schools to effectively compete for defense-
related engineering, applied research,
commercialization, and workforce development
contracts and grants.
(D) Recommendations identifying actions that may be
taken by the Secretary, the Under Secretary, Congress,
mining schools, and other organizations to increase the
participation of mining schools in defense-related
engineering, applied research, commercialization, and
workforce development activities, contracts, and
grants.
(E) The specific goals, incentives, and metrics
developed by the Secretary under subparagraph (D) to
increase and measure the capacity of mining schools to
address the engineering, applied research,
commercialization, and workforce development needs of
the Department of Defense.
(3) Consultations.--In developing the plan required by
paragraph (1), the Secretary and the Under Secretary shall
consult with such other public and private sector organizations
as the Secretary and the Under Secretary determine appropriate.
(4) Report required.--Not later than one year after the
date of the enactment of this Act, the Secretary shall--
(A) submit to the congressional defense committees
a report that includes the plan developed under
paragraph (1); and
(B) make the plan available on a publicly
accessible website of the Department of Defense.
(b) Activities to Support the Engineering, Applied Research,
Commercialization, and Workforce Development Capacity of Mining
Schools.--
(1) In general.--Subject to the availability of
appropriations, the Under Secretary may establish a program to
award contracts, grants, or other agreements on a competitive
basis, and to perform other appropriate activities, for the
purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) Developing the capability, including workforce
and research infrastructure, for mining schools to more
effectively compete for Federal engineering, applied
research, commercialization, and workforce development
funding opportunities.
(B) Improving the capability of mining schools to
recruit and retain research faculty, and to participate
in appropriate personnel exchange programs and
educational and career development activities.
(C) Any other purposes the Under Secretary
determines appropriate for enhancing the defense-
related engineering, applied research,
commercialization, and development capabilities of
mining schools.
(c) Increasing Partnerships for Mining Schools With National
Security Research and Engineering Organizations.--
(1) In general.--Chapter 305 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4145. Research and educational programs and activities: critical
minerals
``(a) Program Established.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering and
the Secretary of each military department, shall carry out a
program to provide assistance to covered educational
institutions to assist the Department of Defense in defense-
related critical minerals engineering, applied research,
commercialization, and workforce development activities.
``(2) Limitation on delegation.--The Secretary of Defense
may not delegate or transfer to an individual outside the
Office of the Secretary of Defense the authority regarding the
programming or budgeting of the program established by this
section that is carried out by the Under Secretary of Defense
for Research and Engineering.
``(b) Program Objective.--The objective of the program established
by subsection (a)(1) is to enhance defense-related critical minerals
research and education at covered educational institutions. Such
objective shall be accomplished through initiatives designed to--
``(1) enhance the critical minerals research and
educational capabilities of such institutions in areas of
importance to national defense, as determined by the Secretary;
``(2) encourage the participation of such institutions in
the research, development, testing, and evaluation programs and
activities of the Department of Defense relating to critical
minerals;
``(3) increase the number of graduates from such
institutions engaged in critical minerals-related disciplines
important to the national security functions of the Department
of Defense, as determined by the Secretary; and
``(4) encourage research and educational collaborations
between such institutions and other institutions of higher
education, Government defense organizations, and the defense
industry relating to critical minerals.
``(c) Assistance Provided.--Under the program established under
subsection (a)(1), the Secretary of Defense may provide covered
educational institutions with funding or technical assistance,
including any of the following:
``(1) Support for research, development, testing,
evaluation, or educational enhancements in areas important to
national defense through the competitive awarding of grants,
cooperative agreements, contracts, scholarships, fellowships,
or the acquisition of research equipment or instrumentation.
``(2) Support to assist in the attraction and retention of
faculty in scientific disciplines important to the national
security functions of the Department of Defense.
``(3) Establishing partnerships between such institutions
and defense laboratories, Government defense organizations, the
defense industry, and other institutions of higher education in
research, development, testing, and evaluation in areas
important to the national security functions of the Department
of Defense.
``(4) Other such non-monetary assistance as the Secretary
finds appropriate to enhance defense-related research,
development, testing, and evaluation activities at such
institutions.
``(d) Incentives.--
``(1) In general.--The Secretary of Defense may develop
incentives to encourage critical minerals-related research and
educational collaborations between covered educational
institutions and other institutions of higher education.
``(2) Goals.--The Secretary of Defense shall establish
goals and incentives to encourage Federally funded research and
development centers, science and technology reinvention
laboratories, and University Affiliated Research Centers funded
by the Department of Defense--
``(A) to assess the capacity of covered educational
institutions to address the critical minerals research
and development needs of the Department through
partnerships and collaborations; and
``(B) if appropriate, to enter into partnerships
and collaborations with such institutions.
``(e) Criteria for Funding.--The Secretary of Defense may establish
procedures under which the Secretary may limit funding under this
section to institutions that have not otherwise received a significant
amount of funding from the Department of Defense for research,
development, testing, and evaluation programs supporting the national
security functions of the Department.
``(f) Definition of Covered Educational Institution.--
``(1) In general.--In this section, the term `covered
educational institution' means--
``(A) a mining, metallurgical, geological, or
mineral engineering program--
``(i) accredited by the Accreditation Board
for Engineering and Technology, Inc.; and
``(ii) located at an institution of higher
education; or
``(B) an institution of higher learning or
community college with a geology or engineering program
or department that has experience in mining research or
work with the mining industry.
``(2) Institution of higher education.--For purposes of
paragraph (1), the term `institution of higher education' has
the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 305 of such title is amended by adding at
the end the following new item:
``4145. Research and educational programs and activities: critical
minerals.''.
(d) Mining School Defined.--
(1) In general.--In this section, the term ``mining
school'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program--
(i) accredited by the Accreditation Board
for Engineering and Technology, Inc.; and
(ii) located at an institution of higher
education; or
(B) an institution of higher learning or community
college with a geology or engineering program or
department that has experience in mining research or
work with the mining industry.
(2) Institution of higher education.--For purposes of
paragraph (1), the term ``institution of higher education'' has
the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
SEC. 866. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR NAVY SHIPBUILDING
PROGRAMS.
(a) Enhanced Domestic Content Requirement.--
(1) Contracting requirements.--Except as provided in
paragraph (2), for purposes of chapter 83 of title 41, United
States Code, manufactured articles, materials, or supplies
procured as part of a Navy shipbuilding program are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United States
if the cost of such component articles, materials, or
supplies--
(A) supplied during the period beginning January 1,
2026, and ending December 31, 2027, exceeds 65 percent
of the cost of the manufactured articles, materials, or
supplies;
(B) supplied during the period beginning January 1,
2028, and ending December 31, 2032, exceeds 75 percent
of the cost of the manufactured articles, materials, or
supplies; and
(C) supplied on or after January 1, 2033, equals
100 percent of the cost of the manufactured articles,
materials, or supplies.
(2) Applicability to research, development, test, and
evaluation activities.--Contracts related to shipbuilding
programs entered into under paragraph (1) to carry out
research, development, test, and evaluation activities shall
require that these activities and the components specified
during these activities must meet the domestic content
requirements delineated under paragraph (1).
(3) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(4) Waiver.--The Secretary of Defense may request a waiver
from the requirements under paragraph (1) in order to expand
sourcing to members of the national technical industrial base
(as that term is defined in section 4801 of title 10, United
States Code). Any such waiver shall be subject to the approval
of the Director of the Made in America Office and may only be
requested if it is determined that any of the following apply:
(A) Application of the limitation would increase
the cost of the overall acquisition by more than 25
percent or cause unreasonable delays to be incurred.
(B) Satisfactory quality items manufactured by a
domestic entity are not available or domestic
production of such items cannot be initiated without
significantly delaying the project for which the item
is to be acquired.
(C) It is inconsistent with the public interest.
(5) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
concurrence with the Director of the Made in America Office,
shall issue rules to determine the treatment of the lowest
price offered for a foreign end product for which 55 percent or
more of the component articles, materials, or supplies of such
foreign end product are manufactured substantially all from
articles, materials, or supplies mined, produced, or
manufactured in the United States if--
(A) the application of paragraph (1) results in an
unreasonable cost; or
(B) no offers are submitted to supply manufactured
articles, materials, or supplies manufactured
substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States.
(6) Applicability.--The requirements of this subsection
shall apply to contracts entered into on or after January 1,
2026.
(b) Reporting on Country of Origin Manufacturing.--Not later than
one year after the date of the enactment of this Act, and annually
thereafter, the Secretary of Defense shall submit to Congress a report
on country of origin tracking and reporting as it relates to
manufactured content procured as part of Navy shipbuilding programs,
including through primary contracts and subcontracts at the second and
third tiers. The report shall describe measures taken to ensure that
the country of origin information pertaining to such content is
reported accurately in terms of the location of manufacture and not
determined by the location of sale.
SEC. 867. ADDITION OF ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION TO THE FEDERAL ACQUISITION REGULATORY
COUNCIL.
Section 1302(b)(1) of title 41, United States Code, is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the Administrator of the Small Business
Administration.''.
SEC. 868. MODIFICATIONS TO RIGHTS IN TECHNICAL DATA.
Section 3771(b) of title 10, United States Code, is amended--
(1) in paragraph (3)(C), by inserting ``for which the
United States shall have government purpose rights, unless the
Government and the contractor negotiate different license
rights'' after ``component)''; and
(2) in paragraph (4)(A)--
(A) in clause (ii), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following
new clause (iii):
``(iii) is a release, disclosure, or use of
detailed manufacturing or process data--
``(I) that is necessary for
operation, maintenance, installation,
or training and shall be used only for
operation, maintenance, installation,
or training purposes supporting wartime
operations or contingency operations;
and
``(II) for which the head of an
agency determines that the original
supplier of such data will be unable to
satisfy military readiness or
operational requirements for such
operations; or''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. ESTABLISHMENT OF OFFICE OF STRATEGIC CAPITAL.
(a) In General.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 148. Office of Strategic Capital
``(a) Establishment.--There is in the Office of the Secretary of
Defense an office to be known as the Office of Strategic Capital (in
this section referred to as the `Office').
``(b) Director.--The Office shall be headed by a Director (in this
section referred to as the `Director'), who shall be appointed by the
Secretary from among employees of the Department of Defense in Senior
Executive Service positions (as defined in section 3132 of title 5).
``(c) Duties.--The Office shall--
``(1) develop, integrate, and implement proven capital
strategies of partners of the Department of Defense to shape
and scale investment in critical technologies and assets;
``(2) identify and prioritize promising critical
technologies and assets for the Department in need of capital
assistance; and
``(3) fund investments in such technologies and assets,
including supply chain technologies not always supported
through direct investment.
``(d) Applications.--An eligible entity seeking capital assistance
for an eligible investment shall submit to the Director an application
at such time, in such manner, and containing such information as the
Director may require.
``(e) Selection of Investments.--
``(1) In general.--The Director shall establish criteria
for selecting among eligible investments for which applications
are submitted under subsection (d). Such criteria shall
include--
``(A) the extent to which an investment is
significant to the national security of the United
States;
``(B) the likelihood that capital assistance
provided for an investment would enable the investment
to proceed sooner than the investment would otherwise
be able to proceed; and
``(C) the creditworthiness of an investment.
``(2) Notice and wait requirement.--The criteria
established under paragraph (1) shall not apply until--
``(A) the Secretary of Defense submits the criteria
to the congressional defense committees; and
``(B) a period of 30 days has elapsed after such
submission.
``(f) Notification.--Not less than 30 days before exercising the
authority provided by section 834 of the National Defense Authorization
Act for Fiscal Year 2024, the Director, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment and the Under
Secretary of Defense for Research and Engineering, shall notify the
congressional defense committees of the purpose and terms of any
capital assistance proposed to be provided under that section. Such
notification may be made in classified form, if necessary.
``(g) Strategic Capital Advisory Board.--The Secretary of Defense
shall establish a Strategic Capital Advisory Board to advise the
Director with respect to activities carried out under this section.
``(h) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out this section, including regulations to
ensure internal and external coordination to avoid duplication of
effort, reduce inefficiency, and ensure policy coherence across the
Department.
``(i) Effective Date.--The authorities made available under this
section may not be exercised until the date that is 30 days after the
regulations required by subsection (i) have been--
``(1) prescribed and adopted by the Department; and
``(2) submitted to the congressional defense committees.
``(j) Annual Report.--Not later than December 31 of each ye ar, the
Director shall submit to the congressional defense committees a report
that--
``(1) describes the activities of the Office during the
most recent fiscal year ending before submission of the report,
including--
``(A) an identification of entities that received
capital assistance from the Office during that fiscal
year;
``(B) a description of the status of the financial
obligations of those entities as a result of receiving
such assistance; and
``(C) any success stories as a result of such
assistance;
``(2) assesses the status of the finances of the Office as
of the end of that fiscal year; and
``(3) describes the goals of the Office for the fiscal year
that begins after submission of the report.
``(k) Definitions.--In this section:
``(1) Capital assistance.--The term `capital assistance'
means loans, loan guarantees, equity investments, or technical
assistance provided under section 834.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an individual;
``(B) a corporation;
``(C) a partnership, including a public-private
partnership;
``(D) a joint venture;
``(E) a trust;
``(F) a State, including a political subdivision or
any other instrumentality of a State;
``(G) a Tribal government or consortium of Tribal
governments;
``(H) any other governmental entity or public
agency in the United States, including a special
purpose district or public authority, including a port
authority; or
``(I) a multi-State or multi-jurisdictional group
of public entities.
``(3) Eligible investment.--The term `eligible investment'
means an investment that facilitates the efforts of the
Office--
``(A) to identify, accelerate, and sustain the
establishment, research, development, construction,
procurement, leasing, consolidation, alteration,
improvement, or repair of tangible and intangible
assets vital to United States national security; or
``(B) to protect tangible and intangible assets
vital to United States national security from theft,
acquisition, and transfer by countries that are
adversaries of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 4 of such title is amended by adding at the end the following
new item:
``148. Office of Strategic Capital.''.
SEC. 902. REINSTATEMENT OF POSITION OF CHIEF MANAGEMENT OFFICER OF
DEPARTMENT OF DEFENSE.
(a) Reinstatement of Position.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by inserting after the item relating to section 132
the following new item:
``Sec. 132a. Chief Management Officer
``(a) Appointment and Qualifications.--(1) There is a Chief
Management Officer of the Department of Defense, appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
``(2) The Chief Management Officer shall be appointed from among
persons who have an extensive management or business background and
experience with managing large or complex organizations. A person may
not be appointed as Chief Management Officer within seven years after
relief from active duty as a commissioned officer of a regular
component of an armed force.
``(b) Responsibilities.--Subject to the authority, direction, and
control of the Secretary of Defense and the Deputy Secretary of
Defense, the Chief Management Officer shall perform such duties and
exercise such powers as the Secretary or the Deputy Secretary may
prescribe, including the following:
``(1) Serving as the chief management officer of the
Department of Defense with the mission of managing enterprise
business operations and shared services of the Department of
Defense.
``(2) Serving as the principal advisor to the Secretary and
the Deputy Secretary on establishing policies for, and
directing, all enterprise business operations of the
Department, including planning and processes, business
transformation, and performance measurement and management
activities and programs, including the allocation of resources
for enterprise business operations and unifying business
management efforts across the Department.
``(3) Exercising authority, direction, and control over the
Defense Agencies and Department of Defense Field Activities
providing shared business services for the Department.
``(4) Authority to direct the Secretaries of the military
departments and the heads of all other elements of the
Department with regard to matters for which the Chief
Management Officer has responsibility under this section.
``(5) Serving as the official with principal responsibility
in the Department for minimizing the duplication of efforts,
maximizing efficiency and effectiveness, and establishing
metrics for performance among and for all organizations and
elements of the Department.
``(c) Budget Authority.--(1)(A) Beginning in fiscal year 2025, the
Secretary of Defense, acting through the Under Secretary of Defense
(Comptroller), shall require the head of each Defense Agency and
Department of Defense Field Activity (other than such agencies and
activities that are under the direction of the Director of National
Intelligence or are elements of the intelligence community) to transmit
the proposed budget of such Agency or Activity for enterprise business
operations for a fiscal year, and for the period covered by the future-
years defense program submitted to Congress under section 221 of this
title for that fiscal year, to the Chief Management Officer for review
under subparagraph (B) at the same time the proposed budget is
submitted to the Under Secretary of Defense (Comptroller).
``(B) The Chief Management Officer shall review each proposed
budget transmitted under subparagraph (A) and, not later than January
31 of the year preceding the fiscal year for which the budget is
proposed, shall submit to the Secretary a report containing the
comments of the Chief Management Officer with respect to all such
proposed budgets, together with the certification of the Chief
Management Officer regarding whether each such proposed budget achieves
the required level of efficiency and effectiveness for enterprise
business operations, consistent with guidance for budget review
established by the Chief Management Officer.
``(C) Not later than March 31 each year, the Secretary shall submit
to Congress a report that includes the following:
``(i) Each proposed budget for the enterprise business
operations of a Defense Agency or Department of Defense Field
Activity that was transmitted to the Chief Management Officer
under subparagraph (A).
``(ii) Identification of each proposed budget contained in
the most recent report submitted under subparagraph (B) that
the Chief Management Officer did not certify as achieving the
required level of efficiency and effectiveness for enterprise
business operations.
``(iii) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address inadequate
levels of efficiency and effectiveness for enterprise business
operations achieved by the proposed budgets identified in the
report.
``(iv) Any additional comments that the Secretary considers
appropriate regarding inadequate levels of efficiency and
effectiveness for enterprise business operations achieved by
the proposed budgets.
``(2) Nothing in this subsection shall be construed to modify or
interfere with the budget-related responsibilities of the Director of
National Intelligence.
``(d) Precedence.--The Chief Management Officer takes precedence in
the Department of Defense after the Secretary of Defense and the Deputy
Secretary of Defense.
``(e) Enterprise Business Operation Defined.--In this section, the
term `enterprise business operations' means those activities that
constitute the cross-cutting business operations used by multiple
components of the Department of Defense, but not those activities that
are directly tied to a single military department or Department of
Defense component. The term includes business-support functions
designated by the Secretary of Defense or the Deputy Secretary of
Defense for purposes of this section, such as aspects of financial
management, healthcare, acquisition and procurement, supply chain and
logistics, certain information technology, real property, and human
resources operations.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by inserting
after the item relating to section 132 the following new item:
``132a. Chief Management Officer.''.
(b) Management and Oversight of Defense Business Systems.--Section
2222 of such title is amended--
(1) in subsection (c)(2), by striking ``the Chief
Information Officer of the Department of Defense'' and
inserting ``the Chief Management Officer of the Department of
Defense'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief
Information Officer'' and inserting ``the Chief
Management Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i)--
(I) in the first sentence, by
striking ``The Chief Information
Officer of the Department of Defense,
in coordination with the Chief Data and
Artificial Intelligence Officer,'' and
inserting ``The Chief Management
Officer of the Department of Defense'';
and
(II) in the second sentence, by
striking ``the Chief Information
Officer shall'' and inserting ``the
Chief Management Officer shall'';
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``The Chief
Information Officer'' and inserting ``The Chief
Management Officer'';
(3) in subsection (f)(1), in the second sentence, by
inserting ``the Chief Management Officer and'' after ``chaired
by'';
(4) in subsection (g)(2), by striking ``the Chief
Information Officer of the Department of Defense'' each place
it appears and inserting ``the Chief Management Officer of the
Department of Defense''; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Information Officer'' and inserting ``the Chief Management
Officer''.
(c) Conforming Amendment.--Section 131(b) of title 10, United
States Code, is amended by inserting after paragraph (1) the following
new paragraph (2):
``(2) The Chief Management Officer of the Department of
Defense.''.
(d) Guidance Required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) issue guidance to clearly delineate the authorities and
responsibilities of the Chief Management Officer of the
Department of Defense; and
(2) provide a charter for the position of the Chief
Management Officer to fully vest the authority of the Chief
Management Officer within the Department of Defense.
(e) Report on Effect of Lapse in Management Oversight on Defense
Business Systems.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall submit to the congressional defense committees a report
on the effect on defense business systems of the abolishment of
the position of Chief Management Officer and the failure to
reassign the responsibilities of the Chief Management Officer
with respect to defense business systems for two years.
(2) Defense business system defined.--In this subsection,
the term ``defense business system'' has the meaning given that
term in section 2222(i) of title 10, United States Code.
SEC. 903. MODIFICATION OF RESPONSIBILITIES OF DIRECTOR OF COST
ASSESSMENT AND PROGRAM EVALUATION.
(a) In General.--Subsection (d) of section 139a of title 10, United
States Code, is amended--
(1) in paragraph (5)--
(A) by striking ``, ensuring'' and inserting ``and
ensuring''; and
(B) by striking ``, and assessing'' and all that
follows through ``economy''; and
(2) in paragraph (8), by inserting after ``defense
resources'' the following: ``, including the standardization of
analytical methodologies and the establishment and maintenance
of a centralized knowledge repository of physical attributes or
other data for modeling and simulation purposes''.
(b) Annual Reports.--Such section is amended by adding at the end
the following new subsection:
``(e) Annual Reports.--
``(1) In general.--Not later than February 1, 2024, and
annually thereafter, the Director shall submit to the
congressional defense committees a report on activities to
conduct strategic and operational analysis under paragraphs
(2), (3), (6), (7), and (8) of subsection (d) that includes--
``(A) a review of strategic portfolio reviews
completed in the fiscal year preceding submission of
the report and a description of such reviews planned
for the fiscal year that begins after submission of the
report;
``(B) a review of analyses of alternatives
completed in the fiscal year preceding submission of
the report and a description of such analyses planned
for the fiscal year that begins after submission of the
report; and
``(C) a review of defense program projections
completed in the fiscal year preceding submission of
the report and a description of such projections
planned for the fiscal year that begins after
submission of the report.
``(2) Form.--Each report required by paragraph (1) shall be
submitted in classified form, but shall include an unclassified
summary.
``(3) Briefings.--Not later than 15 days after submission
of each report required by paragraph (1), the Director shall
brief the congressional defense committees on the contents of
the report.''.
(c) Program Evaluation Competitive Analysis Cell.--Such section is
further amended by adding after subsection (e), as added by subsection
(b), the following new subsection:
``(f) Program Evaluation Competitive Analysis Cell.--
``(1) In general.--Not later than June 1, 2024, the
Secretary of Defense shall--
``(A) establish a team, to be known as the `Program
Evaluation Competitive Analysis Cell', to critically
assess the analytical methodologies, assumptions, and
data used in key strategic and operational analyses
conducted by the Director; and
``(B) ensure that the team has a sufficient number
of personnel to carry out the duties of the team.
``(2) Independence.--The Program Evaluation Competitive
Analysis Cell shall be independent of the Director and shall
report only to the Secretary of Defense.''.
(d) Pilot Program on Alternative Analysis.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall establish a pilot program on
alternative analysis.
(2) Structure.--The Director shall establish, under the
pilot program established under paragraph (1), three analytical
groups, focused on programmatic analysis in the following:
(A) Year 1 of the future-years defense program
under section 221 of title 10, United States Code.
(B) Years 2 through 5 of the future-years defense
program.
(C) Years outside the future-years defense program.
(3) Requirements.--The pilot program established under
paragraph (1) shall run at least one strategic portfolio review
or equivalent analytical effort per year.
(e) Establishment of Analysis Working Group.--
(1) In general.--Not later than May 1, 2024, the Secretary
of Defense shall--
(A) establish the Analysis Working Group in the
Department of Defense; and
(B) ensure that the Analysis Working Group
possesses sufficient full-time equivalent support
personnel to carry out the duties of the Group.
(2) Membership.--The Analysis Working Group shall be
composed of representatives of the following components of the
Department of Defense:
(A) The Office of the Director of Cost Assessment
and Program Evaluation.
(B) The Directorate for Joint Force Development
(J7) of the Joint Staff.
(C) The Directorate for Force Structure, Resources,
and Assessment (J8) of the Joint Staff.
(D) The Office of the Secretary of Defense for
Policy.
(E) The Chief Data and Artificial Intelligence
Office.
(F) The Office of the Chief Information Officer.
(G) The United States Indo-Pacific Command.
(H) The United States European Command.
(3) Duties.--The Analysis Working Group shall--
(A) establish clear priorities and standards to
focus analysts on decision support;
(B) improve transparency of methodologies, tools,
and tradecraft across the analytic community, including
testing and validation for new or emerging
methodologies, tools, and tradecraft;
(C) improve quality of and expand access to data,
including evaluation of new data sets, or application
of existing data sets in new or novel ways;
(D) evolve the methodologies, tools, and tradecraft
methods and tools used in strategic analysis;
(E) resolve classified access and infrastructure
challenges;
(F) foster a workforce and organizations that are
innovative, creative, and provide high-quality
strategic decision support; and
(G) conduct such other tasks as the Secretary of
Defense considers appropriate.
(f) Rule of Construction.--Nothing in this section shall be
construed to interfere with the requirements of the Chiefs of Staff of
the Armed Forces to establish military requirements, performance
requirements, and joint performance requirements, or the requirement of
the Joint Requirements Oversight Council to validate such requirements
under section 181 of title 10, United States Code.
SEC. 904. ROLES AND RESPONSIBILITIES FOR COMPONENTS OF OFFICE OF
SECRETARY OF DEFENSE FOR JOINT ALL-DOMAIN COMMAND AND
CONTROL IN SUPPORT OF INTEGRATED JOINT WARFIGHTING.
(a) In General.--The Secretary of Defense shall establish the roles
and responsibilities of components of the Office of the Secretary of
Defense for development and delivery to combatant commands of
capabilities that are essential to integrated joint warfighting
capabilities, as follows:
(1) The Deputy Chief Technology Officer for Mission
Capabilities of the Office of the Under Secretary of Defense
for Research and Engineering shall be responsible for--
(A) identifying new technology and operational
concepts for experimentation and prototyping for
delivery to the Joint Force to address key operational
challenges;
(B) providing technical support for the Joint Force
in exploring and analyzing new capabilities,
operational concepts, and systems-of-systems
composition, including through advanced modeling and
simulation; and
(C) executing associated experimentation, through
the Rapid Defense Experimentation Reserve (RDER) or
another mechanism.
(2) The Executive Director for Acquisition, Integration,
and Interoperability of the Office of the Under Secretary of
Defense for Acquisition and Sustainment shall be responsible
for--
(A) enabling the acquisition of cross-domain,
joint, and cross-system kill chains and mission
capabilities, including resourcing of modifications
necessary for integration and interoperability among
kill chain and mission components; and
(B) ensuring the effectiveness of cross-domain,
joint, and cross-system kill chains and mission
capabilities through analysis and testing.
(3) The Chief Digital and Artificial Intelligence Officer
shall be responsible for creating and operating a factory-based
approach for software development that allows for iterative,
secure, and continuous deployment of developmental, prototype,
and operational tools and capabilities from multiple vendors to
test networks and operational networks for combatant commanders
to--
(A) gain operational awareness, make decisions, and
take actions;
(B) integrate relevant data sources to support
target selection, target prioritization, and weapon-
target pairing; and
(C) prosecute targets through military service and
combat support agency networks, tools, and systems.
(b) Coordination.--The officials referred to in paragraphs (1),
(2), and (3) of subsection (a) shall coordinate and align their plans
and activities to implement subsection (a) among themselves and with
the combatant commanders.
(c) Initial Prioritization.--In developing an initial set of
capabilities described in subsection (a), the officials referred to in
paragraphs (1), (2), and (3) of that subsection shall prioritize the
requirements of the United States Indo-Pacific Command.
(d) Briefings Required.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter through
December 31, 2026, the officials referred to in paragraphs (1), (2),
and (3) of subsection (a) shall provide briefings to the congressional
defense committees on their plans and activities to implement
subsection (a).
(e) Report Required.--Not later than March 1, 2024, the Chief Data
and Artificial Intelligence Officer, in consultation with the Deputy
Chief Technology Officer for Mission Capabilities of the Office of the
Under Secretary of Defense for Research and Engineering and the
Executive Director for Acquisition, Integration, and Interoperability
of the Office of the Under Secretary of Defense for Acquisition and
Sustainment, shall submit to the congressional defense committees a
report that includes--
(1) a plan and associated timelines for deploying and
demonstrating a joint data integration layer prototype in the
United States Indo-Pacific Command area of operations;
(2) a plan and associated timelines for transitioning such
a prototype, upon its successful demonstration, to fielding as
soon as practicable given the urgent need for a joint all-
domain command and control (commonly referred to as ``JADC2'')
capability;
(3) a plan and associated timelines for reaching initial
operational capability for a joint data integration layer
within the United States Indo-Pacific Command area of
operations;
(4) a plan and associated timelines for scaling that
capability to future areas of operation across the combatant
commands;
(5) an assessment of the required type and number of
personnel at the United States Indo-Pacific Command to enable
sustained growth in JADC2 capabilities; and
(6) a plan and associated timelines for--
(A) identifying specific critical effects chains
necessary to overcome anti-access and area denial
capabilities and offensive military operations of
foreign adversaries; and
(B) creating, demonstrating, deploying, and
sustaining such chains.
SEC. 905. PRINCIPAL DEPUTY ASSISTANT SECRETARIES TO SUPPORT ASSISTANT
SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW
INTENSITY CONFLICT.
The Secretary of Defense may appoint two Principal Deputy Assistant
Secretaries to report to the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict--
(1) one of whom may be assigned to support the Assistant
Secretary in the discharge of responsibilities specified in
clause (i) of section 138(b)(2)(A) of title 10, United States
Code; and
(2) one of whom may be assigned to support the Assistant
Secretary in the discharge of responsibilities specified in
clause (ii) of that section.
SEC. 906. MODIFICATION OF CROSS-FUNCTIONAL TEAM TO ADDRESS EMERGING
THREAT RELATING TO DIRECTED ENERGY CAPABILITIES.
Section 910 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 111 note) is amended--
(1) in the section heading, by striking ``anomalous health
incidents'' and inserting ``directed energy capabilities'';
(2) in subsection (a), by striking ``anomalous health
incidents (as defined by the Secretary)'' and inserting
``emerging directed energy capabilities, including such
capabilities that could plausibly result in anomalous health
incidents (as defined by the Secretary),'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``to assist the Secretary of Defense'' after
``shall be'';
(B) by amending paragraph (1) to read as follows:
``(1) to address the threat posed by emerging directed
energy capabilities, such as anti-personnel weapons, including
the detection and mitigation of, and development of
countermeasures for, such capabilities;'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following
new paragraph (2):
``(2) to conduct necessary investigation and activities to
understand the causation, attribution, mitigation,
identification, and treatment for anomalous health
incidents;''; and
(E) in paragraph (4), as redesignated by
subparagraph (C), by striking ``any other efforts
regarding such incidents'' and inserting ``with any
other efforts regarding emerging directed energy
capabilities, hazards of electromagnetic radiation to
personnel, and anomalous health incidents'';
(4) in subsection (d), by striking ``in consultation with
the Director of National Intelligence and''; and
(5) in subsection (e)(2)--
(A) by striking ``March 1, 2026'' and inserting
``March 1, 2028''; and
(B) by striking ``anomalous health incidents'' and
inserting ``emerging directed energy capabilities,
including such capabilities that could plausibly result
in anomalous health incidents''.
SEC. 907. PILOT PROGRAM ON PROTECTING ACCESS TO CRITICAL ASSETS.
(a) In General.--The Secretary of Defense shall establish a pilot
program within the Office of the Under Secretary of Defense for
Acquisition and Sustainment under which the Under Secretary will
conduct and coordinate assessments, support industrial base decision-
making, and provide mitigation measures to counter adversarial capital
flows into industries or businesses of interest to the Department of
Defense intended to undermine or deny--
(1) the access of the United States to key capabilities; or
(2) the ability of the United States to place such
capabilities in physical locations necessary for national
security functions.
(b) Elements.--
(1) In general.--Under the pilot program required by
subsection (a), the Under Secretary may perform the following
tasks:
(A) Conduct coordinated and integrated analysis of
adversarial capital flows into industries or businesses
of interest to the Department of Defense.
(B) Support coordination and outreach with
technology scouting and acquisition elements of the
Department to support the investment decision-making of
those elements and consideration of how to counteract
entities employing adversarial capital flows against
industries or businesses described in subparagraph (A),
including the employment of relevant authorities vested
in other components of the Department and the Federal
Government.
(C) Identify, accelerate, and sustain the
establishment, research, development, construction,
procurement, leasing, consolidation, alteration,
improvement, modernization, and repair of tangible and
intangible assets vital to the national security of the
United States.
(D) Protect tangible and intangible assets vital to
the national security of the United States from theft,
acquisition, and transfer by adversaries or strategic
competitors of the United States.
(E) Provide capital assistance to entities engaged
in investments that facilitate the efforts of the Under
Secretary under subparagraphs (C) and (D) utilizing
existing authorities available to the Department, such
as the authority provided under section 834.
(F) Experiment, prototype, test, or validate
Government-developed or commercially developed
analytical tools, processes, and tradecraft to improve
the due diligence and investment analysis processes for
the Department.
(2) Use of certain financial instruments.--The Under
Secretary may perform the tasks described in paragraph (1)
using the authorities provided by section 834.
(c) Coordination.--In establishing the pilot program required by
subsection (a), the Secretary shall coordinate the activities being
carried out under the pilot program with the following entities:
(1) The Air Force Office of Concepts, Development, and
Management.
(2) The Air Force Office of Commercial and Economic
Analysis.
(3) The Special Operations Command.
(4) The Defense Innovation Unit.
(5) The Office of Strategic Capital established under
section 148 of title 10, United States Code, as added by
section 901.
(6) Such other entities as the Secretary considers
appropriate.
(d) Regulations.--The Secretary of Defense shall prescribe such
regulations as are necessary to carry out this section.
(e) Effective Date.--The Secretary may not carry out activities or
exercise authorities under this section until the date that is 30 days
after the date on which the Secretary submits to the congressional
defense committees the regulations required by subsection (d).
(f) Briefing Required.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary shall provide a briefing
to the congressional defense committees that details implementation of
the pilot program required by subsection (a).
(g) Termination.--The pilot program required by subsection (a)
shall terminate on September 30, 2028.
(h) Definitions.--In this section:
(1) Adversarial capital flow.--The term ``adversarial
capital flow'' means an investment by--
(A) the government of a country that is an
adversary of the United States; or
(B) an entity organized under the laws of, or
otherwise subject to the jurisdiction of, such a
country.
(2) Capital assistance.--The term ``capital assistance''
has the meaning given that term in section 834.
SEC. 908. EXTENSION OF MISSION MANAGEMENT PILOT PROGRAM.
Section 871 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 191 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``In General.--Except'' and
inserting the following: ``In General.--
``(A) Selection.--Except''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Delegation of oversight and management.--The
Deputy Secretary of Defense may delegate one or more
mission managers to oversee the selected missions and
provide management around mission outcomes.''; and
(B) by adding at the end the following new
paragraph:
``(4) Identification of funding.--For each mission selected
under paragraph (1), the Deputy Secretary of Defense shall
identify funding sources in detail in defense budget materials
for budgets submitted to Congress pursuant to section 1105 of
title 31, United States Code, with selected missions and
solution detailed in materials for each budgetary item
associated with a selected mission.'';
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) assist the Deputy Secretary of Defense in the
identification of funding that could contribute to the
mission, including through existing authorized methods
to realign, reprogram, or transfer funds; and'';
(3) in subsection (f)(1)(A), by striking ``every six months
thereafter until the date that is five years after the date of
the enactment of this Act'' and inserting ``annually thereafter
until September 30, 2031''; and
(4) in subsection (h), by striking ``terminate on the date
that is five years after the date of the enactment of this
Act'' and inserting ``terminate on September 30, 2031''.
SEC. 909. CONFORMING AMENDMENTS TO CARRY OUT ELIMINATION OF POSITION OF
CHIEF MANAGEMENT OFFICER.
(a) Removal of References to Chief Management Officer in Provisions
of Law Relating to Precedence.--Chapter 4 of title 10, United States
Code, is amended--
(1) in section 133a(c)--
(A) in paragraph (1), by striking ``, the Deputy
Secretary of Defense, and the Chief Management Officer
of the Department of Defense'' and inserting ``and the
Deputy Secretary of Defense''; and
(B) in paragraph (2), by striking ``the Chief
Management Officer,'';
(2) in section 133b(c)--
(A) in paragraph (1), by striking ``the Chief
Management Officer of the Department of Defense,''; and
(B) in paragraph (2), by striking ``the Chief
Management Officer,'';
(3) in section 137a(d), by striking ``the Chief Management
Officer of the Department of Defense,''; and
(4) in section 138(d), by striking ``the Chief Management
Officer of the Department of Defense,''.
(b) Assignment of Periodic Review of Defense Agencies and
Department of Defense Field Activities to Secretary of Defense.--
Section 192(c) of such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), in the first sentence, by
striking ``the Chief Management Officer of the
Department of Defense'' and inserting ``the Secretary
of Defense''; and
(B) in subparagraphs (B) and (C), by striking ``the
Chief Management Officer'' and inserting ``the
Secretary''; and
(2) in paragraph (2), by striking ``the Chief Management
Officer'' each place it appears and inserting ``the
Secretary''.
(c) Assignment of Responsibility for Financial Improvement and
Audit Remediation to Under Secretary of Defense (Comptroller).--Section
240b of such title is amended--
(1) in subsection (a)(1), by striking ``The Chief
Management Officer of the Department of Defense shall, in
consultation with the Under Secretary of Defense
(Comptroller),'' and inserting ``The Under Secretary of Defense
(Comptroller) shall, in consultation with the Performance
Improvement Officer of the Department of Defense,''; and
(2) in subsection (b)(1)(C)(ii), by striking ``the Chief
Management Officer'' and inserting ``the Performance
Improvement Officer''.
(d) Removal of Chief Management Officer as Recipient of Reports of
Audits by External Auditors.--Section 240d(d)(1)(A) of such title is
amended by striking ``and the Chief Management Officer of the
Department of Defense''.
(e) Conforming Amendments to Provisions of Law Related to Freedom
of Information Act Exemptions.--Such title is further amended--
(1) in section 130e--
(A) by striking subsection (d);
(B) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively; and
(C) in subsection (d), as so redesignated--
(i) in the first sentence, by striking ``,
or the Secretary's designee,''; and
(ii) in the second sentence, by striking
``, through the Office of the Director of
Administration and Management''; and
(2) in section 2254a--
(A) by striking subsection (c);
(B) by redesignating subsection (d) as subsection
(c); and
(C) in subsection (c), as so redesignated--
(i) in the first sentence, by striking ``,
or the Secretary's designee,''; and
(ii) in the second sentence, by striking
``, through the Office of the Director of
Administration and Management''.
(f) Removal of Chief Management Officer as Required Coordinator on
Defense Resale Matters.--Section 631(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2481 note) is amended by striking ``, in coordination with the Chief
Management Officer of the Department of Defense,''.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 921. JOINT ENERGETICS TRANSITION OFFICE.
(a) In General.--The Secretary of Defense shall realign roles,
responsibilities, and resources as necessary to establish a Joint
Energetics Transition Office (in this section referred to as the
``Office'').
(b) Responsibilities.--The Office shall--
(1) develop and periodically update an energetic materials
strategic plan and investment strategy to guide current and
future investments in new and legacy energetic materials and
technologies, including by--
(A) developing or supporting the development of
strategies and roadmaps, under the future-years defense
program under section 221 of title 10, United States
Code, and the program objective memorandum process, for
energetic materials and technologies; and
(B) initiating special studies or analyses to
inform the program objective memorandum process;
(2) coordinate and synchronize existing research,
development, test, and evaluation efforts in energetic
materials across the Department of Defense to identify
promising new energetic materials and technologies--
(A) to mature, integrate, prototype, and
demonstrate novel energetic materials and technologies,
including classification and characterization testing
of new materials and manufacturing technologies;
(B) to expedite testing, evaluation, and
acquisition of energetic materials and technologies to
meet the emergent needs of the Department, including
the rapid integration of promising new materials and
other promising energetic compounds into existing and
planned weapons platforms; and
(C) to identify existing or establish new
prototyping demonstration venues to integrate advanced
technologies that speed the maturation and deployment
of future energetic materials;
(3) oversee a process to expedite the qualification process
for energetic materials, from discovery through integration
into weapon systems, and recommend changes to laws,
regulations, and policies that present barriers that extend
timelines for that process; and
(4) carry out such other responsibilities relating to
energetic materials as the Secretary shall specify.
(c) Report Required.--The Deputy Secretary of Defense shall submit
to the congressional defense committees--
(1) not later than 60 days after the date of the enactment
of this Act, a report on the status of the establishment of the
Office under subsection (a); and
(2) not later than one year after such date of enactment, a
report on the measures taken to provide the Office with the
staff and resources necessary for the Office to carry out its
responsibilities under subsection (b).
SEC. 922. TRANSITION OF OVERSIGHT RESPONSIBILITY FOR THE DEFENSE
TECHNOLOGY SECURITY ADMINISTRATION.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a
transition plan to realign the Defense Technology Security
Administration under the authority, direction, and control of the
Assistant Secretary of Defense for Industrial Base Policy.
(b) Submission of Plan.--Not later than 7 days after the date on
which the Secretary completes development of the plan required by
subsection (a), the Secretary shall submit the plan to the
congressional defense committees.
(c) Implementation of Plan.--Not later than 180 days after the date
on which the Secretary completes development of the plan required by
subsection (a), the Secretary shall realign the Defense Technology
Security Administration under the authority, direction, and control of
the Assistant Secretary of Defense for Industrial Base Policy.
SEC. 923. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE
SYSTEMS FOR CERTAIN CONGRESSIONAL STAFF FOR OVERSIGHT
PURPOSES.
Section 1046(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is
amended--
(1) in paragraph (1)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) to the extent feasible, be integrated with software
used by the Department of Defense Parking Management Office to
validate parking requests.''.
SEC. 924. INTEGRATION OF PRODUCTIVITY SOFTWARE SUITES FOR SCHEDULING
DATA.
The Secretary of Defense shall ensure that the Department of
Defense is capable of scheduling congressional engagements in a
digitally interoperable manner by not later than February 25, 2024,
either through--
(1) integrating the productivity software suite of the
Department of Defense with the productivity software suite of
the congressional defense committees; or
(2) enabling the automated transmission of scheduling data
through another software solution.
SEC. 925. OPERATIONALIZING AUDIT READINESS.
(a) Metrics Required.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop
a set of command audit metrics that link existing audit
readiness goals and metrics for the financial management
community with unit leadership goals and metrics to provide
operationally relevant performance measures for use by unit
commanders.
(2) Leveraging support.--In developing the metrics required
by paragraph (1), the Secretary may leverage support from an
existing federally funded research and development center or
university-affiliated research center.
(3) Deadline.--An initial set of metrics shall be developed
and implemented under paragraph (1) not later than April 30,
2025.
(b) Training.--
(1) In general.--The President of the Defense Acquisition
University shall develop training curricula to support the
workforce of the Department of Defense in understanding,
implementing, and utilizing the metrics developed under
subsection (a) in the day-to-day performance of their command
and leadership duties.
(2) Deadline.--An initial training curriculum shall be
developed and implemented under paragraph (1) not later than
April 30, 2025.
(c) Leader Performance Assessments.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall
evaluate means by which the metrics developed under subsection
(a) can be used in the performance evaluation of unit
commanders.
(2) Briefing required.--Not later than September 30, 2024,
the Secretary shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives
on the evaluation conducted under paragraph (1). The briefing
shall include the following elements:
(A) Identification of the appropriate command
echelon at which to assess unit leader performance
using the metrics developed under subsection (a).
(B) Evaluations of available measures to reward
superior or above average performance with respect to
such metrics.
(C) Assessment of the potential value, and
challenges, to integrating such measures into the
annual performance evaluations for designated unit
leaders.
(D) Any other issues the Secretary considers
appropriate.
SEC. 926. NEXT GENERATION BUSINESS HEALTH METRICS.
(a) Metrics Required.--The Secretary of Defense, acting through the
Director of Administration and Management and in coordination with the
Secretaries of the military departments, shall develop an updated set
of business health metrics to inform decision-making by senior leaders
of the Department of Defense.
(b) Elements.--In developing the metrics required by subsection
(a), the Director shall--
(1) using the current literature on performance
measurement, determine what additional new metrics should be
implemented, or current metrics should be adapted, to reduce
output-based measures and emphasize objective, measurable
indicators aligned to enduring strategic goals of the
Department of Defense;
(2) assess the current business processes of the Department
and provide recommendations to align the metrics with available
data sources to determine what gaps might exist in such
processes;
(3) ensure that data can be collected automatically and, on
a long-term basis, in a manner that provides for longitudinal
analysis;
(4) link the metrics with the Strategic Management Plan and
other performance documents guiding the Department;
(5) identify any shortfalls in resources, data, training,
policy, or law that could be an impediment to implementing the
metrics;
(6) revise leading and lagging indicators associated with
each such metric to provide a benchmark against which to assess
progress;
(7) improve visualization of and comprehension for the use
of the metrics in data-driven decision-making, including
adoption of new policies and training as needed;
(8) incorporate the ability to aggregate and disaggregate
data to provide the ability to focus on functional, component-
level metrics; and
(9) increase standardization of the use and collection of
business health metrics across the Department.
(c) Additional Support.--In developing the metrics required by
subsection (a), the Director may leverage support from an existing
federally funded research and development center or university-
affiliated research center.
(d) Briefing Required.--Not later than January 30, 2025, the
Director shall brief the Committees on Armed Services of the Senate and
the House of Representatives on the development of the metrics required
by subsection (a).
SEC. 927. INDEPENDENT ASSESSMENT OF DEFENSE BUSINESS ENTERPRISE
ARCHITECTURE.
(a) In General.--The Secretary of Defense shall select a federally
funded research and development center or a university affiliated
research center to conduct an independent assessment of the defense
business enterprise architecture developed under section 2222(e) of
title 10, United States Code.
(b) Elements.--The assessment required by subsection (a) shall
include the following elements:
(1) An assessment of the effectiveness of the defense
business enterprise architecture as of the date of the
enactment of this Act in providing an adequate and useful
framework for planning, managing, and integrating the business
systems of the Department of Defense.
(2) A comparison of the defense business enterprise
architecture with similar models in use by other government
agencies in the United States, foreign governments, and major
commercial entities, including an assessment of any lessons
from such models that might be applied to the defense business
enterprise architecture.
(3) An assessment of the adequacy of the defense business
enterprise architecture in informing business process
reengineering and being sufficiently responsive to changes in
business processes over time.
(4) An identification of any shortfalls or implementation
challenges in the utility of the defense business enterprise
architecture.
(5) Recommendations for replacement of the existing defense
business enterprise architecture or for modifications to the
existing architecture to make that architecture and the process
for updating that architecture more effective and responsive to
the business process needs of the Department.
(c) Interim Briefing.--Not later than April 1, 2024, the Secretary
shall brief the Committees on Armed Services of the Senate and the
House of Representatives on the status of the assessment required by
subsection (a).
(d) Final Report.--Not later than January 30, 2025, the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the assessment
required by subsection (a).
SEC. 928. LIMITATION ON ESTABLISHMENT OF NEW DIVERSITY, EQUITY, AND
INCLUSION POSITIONS; HIRING FREEZE.
(a) In General.--During the period described in subsection (b), the
Secretary of Defense may not--
(1) establish any new positions within the Department of
Defense with responsibility for matters relating to diversity,
equity, and inclusion; or
(2) fill any vacancies in positions in the Department with
responsibility for such matters.
(b) Period Described.--The period described in this subsection is
the period--
(1) beginning on the date of the enactment of this Act; and
(2) ending on the date on which the Comptroller General of
the United States submits to Congress the review of the
Department of Defense diversity, equity, and inclusion
workforce required by the report of the Committee on Armed
Services of the Senate accompanying the National Defense
Authorization Act for Fiscal Year 2024.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2024 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. ANNUAL REPORT ON BUDGET PRIORITIZATION BY SECRETARY OF
DEFENSE AND MILITARY DEPARTMENTS.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 222d the following new section:
``Sec. 222e. Programs, projects, and activities that were internally
reduced or eliminated in the submission of the
President's budget: annual report
``(a) In General.--The Secretary of Defense, acting through the
Secretaries of the military departments and the officers of Department
of Defense agencies and offices not under the control of a Secretary of
a military department, shall submit to the congressional defense
committees each year, not later than 15 days after the submission of
the budget of the President for the fiscal year beginning in such year
under section 1105(a) of title 31, a report that includes organized
tabulations of programs, projects, and activities the total
obligational authority for which was reduced or eliminated in the
current budget year proposal compared to the prior-year projection for
the current year.
``(b) Elements.--The tabulations required under subsection (a)
shall include, for each program, project, or activity that was
internally reduced or eliminated, the following elements:
``(1) Whether the program, project, or activity was
eliminated or reduced and which fiscal year it was eliminated
or reduced in.
``(2) Appropriations sub-account.
``(3) The appropriate program element, line item number, or
sub-activity group.
``(4) Program, project, or activity name.
``(5) Prior year enacted appropriation.
``(6) Prior year projected current year budget.
``(7) Current year budget request.
``(8) If applicable, the amount reduced or saved by the
current year elimination or reduction over the future years
defense plan.
``(9) The rationale for reduction or elimination.
``(c) Form.--The report required under subsection (a) shall be
submitted in machine readable, electronic form.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by inserting after the item relating
to section 222d the following new item:
``222e. Programs, projects, and activities that were internally reduced
or eliminated in the submission of the
President's budget: annual report.''.
SEC. 1003. ADDITIONAL REPORTING REQUIREMENTS RELATED TO UNFUNDED
PRIORITIES.
Section 222a(c)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(E) For each priority--
``(i) the requirement that will be
addressed which is not in the base budget
request;
``(ii) the reason why the priority was not
included in the base budget request;
``(iii) a description of previous funding
to address the requirement;
``(iv) an assessment of the impact of the
priority on the future years defense plan.''.
SEC. 1004. SENSE OF THE SENATE ON NEED FOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS.
It is the sense of the Senate that--
(1) section 101 of the Fiscal Responsibility Act of 2023
(Public Law 118-5) imposes limits on discretionary spending in
the defense and nondefense categories;
(2) if those spending limits for either category are
breached, then across-the-board sequestration cuts are
triggered on that category to eliminate the breach;
(3) the enactment of authorization and appropriations
legislation for the Department of Defense will provide inherent
cost savings that continuing resolutions do not provide;
(4) there are growing national security concerns that
require additional funds beyond the revised security spending
limit, to include continued support to the Ukrainian armed
forces, additional munitions production, additional large
surface combatants, shipbuilding industrial base modernization
investments, submarine industrial base and supply chain
management, additional production of wheeled and tracked combat
vehicles, and emergent capabilities and exercises in the United
States Indo-Pacific Command;
(5) as the Senate Majority Leader Chuck Schumer stated on
June 1, 2023, ``This debt ceiling deal does nothing to limit
the Senate's ability to appropriate emergency/supplemental
funds to ensure our military capabilities are sufficient to
deter China, Russia, and our other adversaries and respond to
ongoing and growing national security threats, including
Russia's ongoing war of aggression against Ukraine, our ongoing
competition with China and its growing threat to Taiwan,
Iranian threats to American interests and those of our partners
in the Middle East, or any other emerging security crisis; nor
does this debt ceiling deal limit the Senate's ability to
appropriate emergency/supplemental funds to respond to various
national issues, such as disaster relief, or combating the
fentanyl crisis, or other issues of national importance.''; and
(6) the President should expeditiously send emergency
funding requests to the Senate for consideration so that those
needs can receive sufficient and additional funds.
Subtitle B--Counterdrug Activities
SEC. 1011. DISRUPTION OF FENTANYL TRAFFICKING.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) fentanyl trafficking across the borders of the United
States, and the consequences of that trafficking, constitute an
unprecedented, nontraditional, and long-term threat to the
national security of the United States;
(2) transnational criminal organizations have established
effective control over significant areas within Mexico, which
has enabled the development of fentanyl production and
trafficking infrastructure;
(3) combating fentanyl trafficking demands--
(A) improved interagency command, control,
communications, and intelligence sharing to enhance the
effectiveness of the interdiction of fentanyl at the
borders of the United States; and
(B) whole-of-government solutions comprised of an
integrated and synchronized interagency organizational
construct committed to dismantling the process of
trafficking fentanyl from chemical precursor to
production to delivery in the United States and
enabling partner nations to do the same;
(4) it is within the national security interest of the
United States for Federal, State, and local law enforcement
agencies, the Department of Defense, the Department of State,
other counter-drug agencies, and stakeholders to effectively
communicate and that the failure of effective communication
affects the prevention, interdiction, and prosecution of
fentanyl trafficking and distribution into and within the
United States; and
(5) the United States must partner with Mexico and Canada
to combat fentanyl trafficking through institution building,
the dismantling of cartels, and seizures of fentanyl in Mexico,
Canada, and intrastate transit zones.
(b) Development of Strategy to Counter Fentanyl Trafficking and
Report.--
(1) Strategy.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with other Federal agencies as
the Secretary considers appropriate, shall develop and
submit to the appropriate congressional committees a
strategy to use existing authorities, including the
authorities under section 124 of title 10, United
States Code, as appropriate, to target, disrupt, or
degrade threats to the national security of the United
States caused or exacerbated by fentanyl trafficking.
(B) Contents.--The strategy required by
subparagraph (A) shall outline how the Secretary of
Defense will--
(i) leverage existing authorities regarding
counterdrug and counter-transnational organized
crime activities with a counter-fentanyl nexus
to detect and monitor activities related to
fentanyl trafficking;
(ii) support operations to counter fentanyl
trafficking carried out by other Federal
agencies, State, Tribal, and local law
enforcement agencies, or foreign security
forces;
(iii) coordinate efforts of the Department
of Defense for the detection and monitoring of
aerial, maritime, and surface traffic suspected
of carrying fentanyl bound for the United
States, including efforts to unify the use of
technology, surveillance, and related resources
across air, land, and maritime domains to
counter fentanyl trafficking, including with
respect to data collection, data processing,
and integrating sensors across such domains;
(iv) provide military-unique capabilities
to support activities by the United States
Government and foreign security forces to
detect and monitor the trafficking of fentanyl
and precursor chemicals used in fentanyl
production, consistent with section 284(b)(10)
of title 10, United States Code;
(v) leverage existing counterdrug and
counter-transnational organized crime programs
of the Department to counter fentanyl
trafficking;
(vi) assess existing training programs of
the Department and provide training for
Federal, State, Tribal, and local law
enforcement agencies conducted by special
operations forces to counter fentanyl
trafficking, consistent with section 284(b) of
title 10, United States Code;
(vii) engage with foreign security forces
to ensure the counterdrug and counter-
transnational organized crime programs of the
Department--
(I) support efforts to counter
fentanyl trafficking; and
(II) build capacity to interdict
fentanyl in foreign countries,
including programs to train security
forces in partner countries to counter
fentanyl trafficking, including
countering illicit flows of fentanyl
precursors, consistent with sections
284(c) and 333 of title 10, United
States Code;
(viii) use the North American Defense
Ministerial and the bilateral defense working
groups and bilateral military cooperation round
tables with Canada and Mexico to increase
domain awareness to detect and monitor fentanyl
trafficking; and
(ix) evaluate existing policies,
procedures, processes, and resources that
affect the ability of the Department to counter
fentanyl trafficking consistent with existing
counterdrug and counter-transnational organized
crime authorities.
(C) Form.--The strategy required by subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(D) Briefing.--Not later than 45 days after the
submission of the strategy required by subparagraph
(A), the Secretary shall provide to the appropriate
congressional committees a briefing on the strategy and
plans for its implementation.
(2) Report on law enforcement reimbursement.--The Secretary
of Defense shall submit to the appropriate congressional
committees a report on--
(A) any goods or services provided under section
1535 of title 31, United States Code (commonly known as
the ``Economy Act''), during the period beginning on
January 1, 2010, and ending on the date on which the
report is submitted, by the Department of Defense to
Federal civilian law enforcement agencies for
counterdrug and counter-transnational organized crime
operations on the southern border of the United States;
and
(B) any payments made for such goods or services
under such section during such period.
(c) Cooperation With Mexico.--
(1) In general.--The Secretary of Defense shall seek to
enhance cooperation with defense officials of the Government of
Mexico to target, disrupt, and degrade transnational criminal
organizations within Mexico that traffic fentanyl.
(2) Report on enhanced security cooperation.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on efforts to enhance cooperation
with defense officials of the Government of Mexico
specified in paragraph (1).
(B) Contents.--The report required by subparagraph
(A) shall include--
(i) an assessment of the impact of the
efforts to enhance cooperation described in
paragraph (1) on targeting, disrupting, and
degrading fentanyl trafficking;
(ii) a description of limitations on such
efforts, including limitations imposed by the
Government of Mexico;
(iii) recommendations by the Secretary on
actions to further improve cooperation with
defense officials of the Government of Mexico;
(iv) recommendations by the Secretary on
actions of the Department of Defense to further
improve the capabilities of the Government of
Mexico to target, disrupt, and degrade fentanyl
trafficking; and
(v) any other matter the Secretary
considers relevant.
(C) Form.--The report required by subparagraph (A)
may be submitted in unclassified form but shall include
a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Fentanyl.--The term ``fentanyl'' means fentanyl and any
fentanyl-related substance.
(3) Fentanyl-related substance.--The term ``fentanyl-
related substance''--
(A) means any substance that is structurally
related to fentanyl by 1 or more modifications of--
(i) replacement of the phenyl portion of
the phenethyl group by any monocycle, whether
or not further substituted in or on the
monocycle;
(ii) substitution in or on the phenethyl
group with alkyl, alkenyl, alkoxyl, hydroxyl,
halo, haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine
ring with alkyl, alkenyl, alkoxyl, ester,
ether, hydroxyl, halo, haloalkyl, amino, or
nitro groups;
(iv) replacement of the aniline ring with
any aromatic monocycle whether or not further
substituted in or on the aromatic monocycle;
and
(v) replacement of the N-propionyl group
with another acyl group; and
(B) does not include a substance described in
subparagraph (A) that is--
(i) controlled by action of the Attorney
General pursuant to section 201 of the
Controlled Substances Act (21 U.S.C. 811);
(ii) expressly listed in Schedule I of
section 202(c) of that Act (21 U.S.C. 812) or
another schedule by a statutory provision; or
(iii) removed from Schedule I, or
rescheduled to another schedule, pursuant to
section 201(k) of that Act (21 U.S.C. 811(k)).
(4) Illegal means.--The term ``illegal means'' includes the
trafficking of money, human trafficking, illicit financial
flows, illegal trade in natural resources and wildlife, trade
in illegal drugs and weapons, and other forms of illegal means
determined by the Secretary of Defense.
(5) Security cooperation program.--The term ``security
cooperation program'' has the meaning given that term in
section 301 of title 10, United States Code.
(6) Transnational criminal organization.--
(A) In general.--The term ``transnational criminal
organization'' means a group, network, and associated
individuals who operate transnationally for the purpose
of obtaining power, influence, or monetary or
commercial gain, wholly or in part by illegal means,
while advancing their activities through a pattern of
crime, corruption, or violence and protecting their
illegal activities through a transnational
organizational structure and the exploitation of public
corruption or transnational logistics, financial, or
communication mechanisms.
(B) Additional organizations.--The term
``transnational criminal organization'' includes any
transnational criminal organization identified in the
most recent Drug Threat Assessment of the Drug
Enforcement Agency.
SEC. 1012. ENHANCED SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES
TO COUNTER TRANSNATIONAL ORGANIZED CRIME.
Section 284(b)(9) of title 10, United States Code, is amended by
striking ``linguist and intelligence analysis'' and inserting
``linguist, intelligence analysis, and planning''.
SEC. 1013. MODIFICATION OF SUPPORT FOR COUNTERDRUG ACTIVITIES AND
ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED CRIME:
INCREASE IN CAP FOR SMALL SCALE CONSTRUCTION PROJECTS.
Section 284(i)(3) of title 10, United States Code, is amended by
striking ``$750,000'' and inserting ``$1,500,000''.
SEC. 1014. BUILDING THE CAPACITY OF ARMED FORCES OF MEXICO TO COUNTER
THE THREAT POSED BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) Pilot Program.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall establish a pilot program to assess the
feasibility and advisability of building the capacity of armed forces
of Mexico in the United States on goals, jointly agreed to by the
Governments of the United States and Mexico, to counter the threat
posed by transnational criminal organizations, including through--
(1) operations designed, at least in part, by the United
States, to counter that threat; and
(2) in consultation with the appropriate civilian
government agencies specializing in countering transnational
criminal organizations--
(A) joint network analysis;
(B) counter threat financing;
(C) counter illicit trafficking (including
narcotics, weapons, and human trafficking, and illicit
trafficking in natural resources); and
(D) assessments of key nodes of activity of
transnational criminal organizations.
(b) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a plan for
implementing the pilot program required by subsection (a) over
a period of five years, including the costs of administering
the program during such period.
(2) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
Subtitle C--Naval Vessels
SEC. 1021. MODIFICATION OF AUTHORITY TO PURCHASE USED VESSELS UNDER THE
NATIONAL DEFENSE SEALIFT FUND.
Section 2218(f)(3) of title 10, United States Code, is amended--
(1) by striking subparagraphs (C), (E) and (G); and
(2) by redesignating subparagraphs (D) and (F) as
subparagraphs (C) and (D), respectively.
SEC. 1022. AMPHIBIOUS WARSHIP FORCE AVAILABILITY.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) the Navy adjusts scheduled maintenance and repair
actions to maintain a minimum of 24 amphibious warfare ships
operationally available for worldwide deployment.''; and
(2) by redesignating the second subsection (g) (defining
amphibious warfare ship) as subsection (h).
SEC. 1023. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
None of the funds authorized to be appropriated by this Act for
fiscal year 2024 may be obligated or expended to retire, prepare to
retire, or place in storage any of the following naval vessels:
(1) USS Germantown (LSD 42).
(2) USS Gunston Hall (LSD 44).
(3) USS Tortuga (LSD 46).
(4) USS Shiloh (CG 67).
SEC. 1024. REPORT ON THE POTENTIAL FOR AN ARMY AND NAVY JOINT EFFORT
FOR WATERCRAFT VESSELS.
(a) Report Required.--Not later than February 29, 2024, the
Secretary of the Navy, in coordination with the Secretary of the Army,
shall submit to the congressional defense committees a report on the
feasibility of conducting a joint Army and Navy effort to develop and
field a family of watercraft vessels to support the implementation of
the Marine Corps concept of expeditionary advanced base operations and
Army operations in maritime environments.
(b) Elements.--The report required by subsection (a) shall include
an assessment of whether a shared base platform could meet requirements
of the Department of the Navy and the Department of the Army, and, if
so, an assessment of the benefits and challenges of procuring a
technical data package to allow simultaneous construction of such
platform by multiple builders and using block buy authorities.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1034 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``2023'' and inserting ``2024''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most
recently amended by section 1031 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), is
further amended by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as most recently amended by section 1032 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1033 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), is
further amended by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H-2B
WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause (i), by
striking ``December 31, 2023'' and inserting ``December 31, 2029''.
SEC. 1042. AUTHORITY TO INCLUDE FUNDING REQUESTS FOR THE CHEMICAL AND
BIOLOGICAL DEFENSE PROGRAM IN BUDGET ACCOUNTS OF MILITARY
DEPARTMENTS.
Section 1701(d)(2) of the National Defense Authorization Act for
Fiscal Year 1994 (50 U.S.C. 1522(d)(2)) is amended by striking ``may
not be included in the budget accounts'' and inserting ``may be
included in the budget accounts''.
SEC. 1043. UNFAVORABLE SECURITY CLEARANCE ELIGIBILITY DETERMINATIONS
AND APPEALS.
(a) Administrative Due Process Procedures for Covered Individuals
Seeking or Having Access to Classified Information or Sensitive
Compartment Information.--
(1) In general.--Each head of a component of the Department
of Defense shall provide to each covered individual described
in paragraph (2) of such component seeking or having access to
classified information or sensitive compartment information
with administrative due process procedures described in
paragraph (3) through the Defense Office of Hearings and
Appeals.
(2) Covered individual described.--A covered individual
described in this paragraph is a member of the Armed Forces, a
civilian employee employed by a component of the Department of
Defense, or a contractor employee described in Department of
Defense Manual 5220.22, Volume 2 (relating to National
Industrial Security Program: Industrial Security Procedures for
Government Activities), or successor manual.
(3) Administrative due process procedures described.--The
administrative due process procedures described in this
paragraph are the administrative due process procedures
described in Department of Defense Directive 5220.6 (relating
to Defense Industrial Personnel Security Clearance Review
Program), or successor directive, and Executive Order 10865 (50
U.S.C. 3161 note; relating to safeguarding classified
information within industry).
(b) Hearings, Appeals, and Final Denials and Revocations of
Security Clearance Eligibility.--In order to simplify, centralize, and
unify the administrative processes for unfavorable security clearance
eligibility determinations for covered individuals described in
subsection (a)(2), the Secretary of Defense shall ensure that all
hearings, appeals, and final denials and revocations of security
clearance eligibility are performed by the Defense Office of Hearings
and Appeals with administrative due process procedures.
(c) Updates to Department of Defense Manuals.--The Secretary of
Defense shall update Department of Defense Manual 5200.02 (relating to
procedures for Department of Defense Personnel Security Program) and
Department of Defense Manual 5220.22, Volume 2 (relating to National
Industrial Security Program: Industrial Security Procedures for
Government Activities) to conform with the requirements of subsections
(a) and (b).
(d) Authority of Director of Defense Office of Hearings and Appeals
to Render Eligibility Determinations for Access to Classified
Information and Sensitive Compartmented Information.--The Director of
the Defense Office of Hearings and Appeals may render eligibility
determinations for access to classified information and sensitive
compartmented information pursuant to procedures and guidelines that
the Director shall issue in consultation with the Director of National
Intelligence.
(e) Dissemination of Security Relevant Information.--
(1) Request for sharing required.--In a case in which a
contractor or civilian employee of the Federal Government
holding an active security clearance is seeking to transfer
that clearance for a new position in the Department of Defense
and in which an agency or department of the Federal Government
possesses security relevant information about that clearance
holder that is related to eligibility for access to classified
information and makes known the existence of such security
relevant information in the commonly accessible security
clearance databases of the Federal Government, but without
taking any action to suspend or revoke that clearance holder's
security clearance, the Department of Defense component
considering the transfer of a clearance shall promptly make a
request to receive the security relevant information from the
agency or department in possession of such information.
(2) Failure to share.--In a case in which an agency or
department of the Federal Government receives a request to
share security relevant information about a clearance holder
pursuant to paragraph (1) but fails to do so within 30 days of
the date on which the request is made, such failure shall
trigger procedural and substantive due process rights,
established for the purposes of carrying out this section, for
the clearance holder to challenge the security relevant
information as if the information were the equivalent of a
suspension, denial, or revocation of the underlying clearance.
(f) Protections.--Members of the Armed Forces and civilian
employees of the Department of Defense may not be suspended without pay
because a security clearance is suspended or revoked prior to the
conclusion of any appeal process to enable such members and employee to
support themselves during an appeal process and to support themselves
without resigning from Government employment and thereby losing
standing to appeal the suspension or revocation of access to classified
information.
(g) Effective Date; Applicability.--
(1) Effective date.--This section shall take effect on the
earlier of--
(A) the date on which the General Counsel of the
Department of Defense certifies to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives that the
Defense Office of Hearings and Appeals is prepared for
the provisions of this section to take effect; or
(B) September 30, 2024.
(2) Applicability.--This section shall apply to revocations
of eligibility to access classified information or sensitive
compartmented information that occur on or after the date on
which this section takes effect pursuant to paragraph (1).
(h) Rule of Construction.--Nothing in this section shall be
construed to diminish or otherwise affect the authority of the head of
a component of the Department to suspend access to classified
information or a special access program, including sensitive
compartmented information, in exigent circumstances, should the head
determine that continued access of a covered individual is inconsistent
with protecting the national security of the United States.
SEC. 1044. ASSISTANCE IN SUPPORT OF DEPARTMENT OF DEFENSE ACCOUNTING
FOR MISSING UNITED STATES GOVERNMENT PERSONNEL.
(a) In General.--Section 408 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``Equipment and
training of foreign personnel to assist in'' and inserting
``Assistance in support of'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(5) Funds.'';
(3) by striking subsections (d) and (f);
(4) by redesignating subsection (e) as subsection (d); and
(5) by adding at the end the following new subsection:
``(e) Annual Report.--Not later than December 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the assistance provided under this section
during the preceding fiscal year.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of chapter 20 of title 10, United States Code, is amended by
striking the item relating to section 408 and inserting the following
new item:
``408. Assistance in support of Department of Defense accounting for
missing United States Government
personnel.''.
SEC. 1045. IMPLEMENTATION OF ARRANGEMENTS TO BUILD TRANSPARENCY,
CONFIDENCE, AND SECURITY.
Section 2241 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Implementation of Vienna Document 2011.--Amounts appropriated
for operation and maintenance may be used by the Secretary of Defense
for travel, transportation, and subsistence expenses for meetings and
demonstrations hosted by the Department of Defense for the
implementation of the Vienna Document 2011 on Confidence and Security-
Building Measures.''.
SEC. 1046. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED STATES
CITIZENS EMPLOYED OVERSEAS BY THE NORTH ATLANTIC TREATY
ORGANIZATION WHO PERFORM FUNCTIONS IN SUPPORT OF MILITARY
OPERATIONS OF THE ARMED FORCES.
(a) Requirement to Authorize Use of Post Office.--Section 406 of
title 39, United States Code, is amended by striking ``may authorize
the use'' and inserting ``shall authorize the use''.
(b) Briefing Requirement.--Not later than March 1, 2024, the
Secretary of Defense shall brief the Committees on Armed Services of
the Senate and House of Representatives on the revision of the
Financial Management Regulation to authorize individuals under
subparagraph (A) of section 406(c)(1) of title 39, United States Code,
as amended by subsection (a), to utilize the authority provided under
such subparagraph. If there is a determination that this authority is
not feasible for a legal or financial reason, the Secretary shall
include the background for those determinations in the briefing.
SEC. 1047. REMOVAL OF TIME LIMITATIONS OF TEMPORARY PROTECTION AND
AUTHORIZATION OF REIMBURSEMENT FOR SECURITY SERVICES AND
EQUIPMENT FOR FORMER OR RETIRED DEPARTMENT OF DEFENSE
PERSONNEL.
(a) Removal of Time Limitations.--Section 714(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7);
(2) in paragraph (5)--
(A) by redesignating subparagraph (C) as paragraph
(6) and moving such paragraph, as so redesignated, two
ems to the left; and
(B) by striking ``Duration of protection.--'' and
all that follows through the period at the end of
subparagraph (B) and inserting ``Duration of
protection.--The Secretary of Defense shall require
periodic reviews, not less than once every six months,
of the duration of protection provided to individuals
under this subsection.'';
(3) in subparagraph (A) of paragraph (7), as redesignated
by paragraph (1) of this subsection, by striking ``and of each
determination under paragraph (5)(B) to extend such protection
and security''.
(b) Authorization of Reimbursement or Acquisition of Security
Services.--Section 714 of title 10, United States Code, is further
amended by adding at the end the following new subsection:
``(e) Reimbursement.--The Secretary of Defense may reimburse a
former or retired official who faces serious and credible threats
arising from duties performed while employed by the Department for
security services and equipment procured at the personal expense of the
official, not to exceed an aggregate of $15,000,000 in any fiscal year
for all former and retired officials authorized by the Secretary of
Defense for such reimbursement.''.
SEC. 1048. ANNUAL DEFENSE POW/MIA ACCOUNTING AGENCY (DPAA) CAPABILITIES
REQUIRED TO EXPAND ACCOUNTING FOR PERSONS MISSING FROM
DESIGNATED PAST CONFLICTS.
(a) In General.--Not later than March 1, 2024, and annually
thereafter, the Defense POW/MIA Accounting Agency (DPAA) shall post on
a publicly available internet website a list of capabilities required
to expand accounting for persons missing from designated past conflicts
and provide a briefing to Congress on those capabilities.
(b) Authority to Enter Into Agreements.--The Defense POW/MIA
Accounting Agency may enter into agreements with universities or
research organizations to provide additional capabilities for
specialized missions or research requirements.
SEC. 1049. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR REMARRIED
SPOUSES.
(a) Benefits.--Section 1062 of title 10, United States Code, is
amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(a) Certain Unremarried Former Spouses.--The Secretary of
Defense'';
(2) by striking ``commissary and exchange privileges'' and
inserting ``use commissary stores and MWR retail facilities'';
(3) by adding at the end the following new subsection:
``(b) Certain Remarried Surviving Spouses.--The Secretary of
Defense shall prescribe such regulations as may be necessary to provide
that a surviving spouse of a deceased member of the armed forces,
regardless of the marital status of the surviving spouse, is entitled
to use commissary stores and MWR retail facilities to the same extent
and on the same basis as an unremarried surviving spouse of a member of
the uniformed services.''; and
(4) by adding at the end the following new subsection:
``(c) MWR Retail Facilities Defined.--In this section, the term
`MWR retail facilities' has the meaning given that term in section
1063(e) of this title.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 1062 of title
10, United States Code, is amended to read as follows:
``Sec. 1062. Certain former spouses and surviving spouses''.
(2) Table of sections.--The table of sections at the
beginning of chapter 54 of title 10, United States Code, is
amended by striking the item relating to section 1062 and
inserting the following new item:
``1062. Certain former spouses and surviving spouses.''.
(c) Regulations.--The Secretary of Defense shall publish the
regulations required under section 1062(b) of title 10, United States
Code, as added by subsection (a)(3), by not later than October 1, 2025.
Subtitle F--Studies and Reports
SEC. 1051. ANNUAL REPORT AND BRIEFING ON IMPLEMENTATION OF FORCE DESIGN
2030.
(a) In General.--Not later than March 31, 2024, and annually
thereafter through March 31, 2030, the Commandant of the Marine Corps
shall submit to the congressional defense committees a report detailing
the programmatic choices made to implement Force Design 2030, including
both new developmental and fielded capabilities, as well as
capabilities and capacity divested to accelerate implementation of
Force Design 2030.
(b) Briefing Requirement.--Not later than September 30, 2024, and
annually thereafter through September 30, 2030, the Commandant of the
Marine Corps shall provide a briefing on the elements described under
subsection (c).
(c) Elements.--The report required under subsection (a) and
briefing required under subsection (b) shall include the following
elements:
(1) An assessment of changes in the National Defense
Strategy, Defense Planning Guidance, Joint Warfighting Concept
(and associated Concept Required Capabilities), and other
planning processes that informed Force Design 2030.
(2) An inventory and assessment of Force Design-related
exercises and experimentation beginning in fiscal year 2020,
including which capabilities were involved and the extent to
which such exercises and experiments validated or militated
against proposed capability investments.
(3) An inventory of divestments of capability or capacity,
whether force structure or equipment, starting in fiscal year
2020, including--
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment
divested or reduced;
(C) the percentage of force structure or equipment
divested or reduced, including any equipment entered
into inventory management or another form of storage;
(D) the rationale and context behind such
divestment;
(E) an identification of whether such divestment
affects the Marine Corps' ability to meet the
requirements of Global Force Management process and the
operational plans, including an explanation of how the
Marine Corps plans to mitigate the loss of such
capability or capacity if the divestment affects the
Marine Corps' ability to meet the requirements of the
Global Force Management process and the operational
plans, including through new investments, additional
joint planning and training, or other methods; and
(F) an assessment of the Marine Corps' recruitment
and retention actual and projected percentages starting
in fiscal year 2020.
(4) An inventory of extant or planned investments as a part
of Force Design 2030, disaggregated by integrated air and
missile defense, littoral mobility and maneuver, sea denial,
and reconnaissance and counter-reconnaissance forces,
including--
(A) capability name;
(B) capability purpose and context;
(C) capability being replaced (or not applicable);
(D) date of initial operational capability;
(E) date of full operational capability;
(F) deliveries of units by year; and
(G) approved acquisition objective or similar
inventory objective.
(5) A description of the amphibious warfare ship and
maritime mobility requirements the Marine Corps submitted to
the Department of the Navy in support of the Marine Corps
organization and concepts under Force Design 2030 and its
statutory requirements, including a detailed statement of the
planning assumptions about readiness of amphibious warfare
ships and maritime mobility platforms that were used in
developing the requirements.
(6) An assessment of how the capability investments
described in paragraph (4) contribute to joint force efficacy
in new ways, including through support of other military
services.
(7) An assessment of the ability of the Marine Corps to
generate required force elements for the Immediate Ready Force
and the Contingency Ready Force over the previous two fiscal
years and the expected ability to generate forces for the next
two fiscal years.
(8) An assessment of Marine Corps force structure and the
readiness of Marine Expeditionary Units compared to
availability of amphibious ships comprising an Amphibious Ready
Group over the previous two fiscal years and the expected
availability for the next two fiscal years.
(9) An assessment by the Marine Corps of its compliance
with the statutory organization prescribed in section 8063 of
title 10, United States Code, that ``[t]he Marine Corps, within
the Department of the Navy, shall be so organized as to include
not less than three combat divisions and three air wings, and
such other land combat, aviation, and other services as may be
organic therein''.
(10) An assessment by the Marine Corps of its compliance
with the statutory functions prescribed in section 8063 of
title 10, United States Code, that ``[t]he Marine Corps shall
be organized, trained, and equipped to provide fleet marine
forces of combined arms, together with supporting air
components, for service with the fleet in the seizure or
defense of advanced naval bases and for the conduct of such
land operations as may be essential to the prosecution of a
naval campaign''.
SEC. 1052. PLAN FOR CONVERSION OF JOINT TASK FORCE NORTH INTO JOINT
INTERAGENCY TASK FORCE NORTH.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the head of any relevant Federal department or agency and acting
through the Under Secretary of Defense for Policy, shall submit to the
congressional defense committees a plan for converting the Joint Task
Force North of the United States Northern Command into a joint
interagency task force to be known as the ``Joint Interagency Task
Force North''.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of the mission of the Joint Interagency
Task Force North.
(2) A detailed description of the resources of the
Department of Defense, including personnel, facilities, and
operating costs, necessary to convert the Joint Task Force
North into a joint interagency task force.
(3) An identification of--
(A) each relevant department and agency of the
United States Government the participation in the Joint
Interagency Task Force North of which is necessary in
order to enable the Joint Interagency Task Force North
to effectively carry out its mission; and
(B) the interagency arrangements necessary to
ensure effective participation by each such department
and agency.
(4) An identification of each international liaison
necessary for the Joint Interagency Task Force North to
effectively carry out its mission.
(5) A description of the bilateral and multilateral
agreements with foreign partners and regional and international
organizations that would support the implementation of the
mission of the Joint Interagency Task Force North.
(6) A description of the relationship between the Joint
Interagency Task Force North and the Joint Interagency Task
Force South of the United States Southern Command.
(7) A description of the relationship between the Joint
Interagency Task Force North and the relevant security forces
of the Government of Mexico and the Government of the Bahamas.
(8) A recommendation on whether the Joint Interagency Task
Force North should be an enduring entity and a discussion of
the circumstances under which the mission of the Joint
Interagency Task Force North would transition to one or more
entities within the United States Government other than the
United States Northern Command.
(9) Any recommendations for additional legal authority
needed for the Joint Interagency Task Force North to
effectively carry out its mission.
(c) Form.--The plan required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(d) Interim Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall provide a briefing to the
congressional defense committees on progress made in developing the
plan required by subsection (a).
SEC. 1053. REPORT ON USE OF TACTICAL FIGHTER AIRCRAFT AND BOMBER
AIRCRAFT FOR DEPLOYMENTS AND HOMELAND DEFENSE MISSIONS.
(a) In General.--Not later than May 1, 2024, the Secretary of
Defense shall submit to the congressional defense committees a report
including the results of a study on the use of tactical fighter
aircraft and bomber aircraft for deployments and homeland defense
missions.
(b) Scope.--The study conducted pursuant to subsection (a) shall--
(1) review both deployment and exercise requirements for
tactical fighter aircraft and bomber aircraft levied by each
geographic combatant command;
(2) assess deployable forces currently available to fulfill
each of those requirements, and whether those forces are
adequate to meet the global requirements;
(3) review any relevant tactical fighter forces or bomber
forces that are not considered deployable or available to meet
combatant command requirements, and consider whether that
status can or should change;
(4) assess whether adequate consideration has been put into
fighter coverage of the homeland during these deployments, in
particular within the Alaska Area of Responsibility and the
Hawaii Area of Responsibility; and
(5) assess Air Force and Navy active duty, Air National
Guard, and reserve land-based tactical fighter units that could
be considered for inclusion into homeland defense mission
requirements.
SEC. 1054. MODIFICATIONS OF REPORTING REQUIREMENTS.
(a) Consolidated Budget Quarterly Report on Use of Funds.--Section
381(b) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Quarterly
Report'' and inserting ``Semiannual Report'';
(2) by striking ``calendar quarter'' and inserting
``calendar half''; and
(3) by striking ``such calendar quarter'' and inserting
``such calendar half''.
(b) Monthly Counterterrorism Operations Briefing.--
(1) In general.--Section 485 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``Monthly''
and inserting ``Quarterly''; and
(B) in subsection (a), by striking ``monthly'' and
inserting ``quarterly''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 485 and inserting the following
new item:
``485. Quarterly counterterrorism operations briefings.''.
(c) National Security Strategy for the National Technology and
Industrial Base.--Section 4811(a) of title 10, United States Code, is
amended by striking ``The Secretary shall submit such strategy to
Congress not later than 180 days after the date of submission of the
national security strategy report required under section 108 of the
National Security Act of 1947 (50 U.S.C. 3043).'' and inserting ``The
Secretary shall submit such strategy to Congress as an integrated part
of the report submitted under section 4814 of this title.''.
(d) National Technology and Industrial Base Report and Quarterly
Briefing.--
(1) In general.--Section 4814 of title 10, United States
Code, is amended--
(A) by amending the section heading to read as
follows:
``Sec. 4814. National Technology and Industrial Base: biennial
report'';
(B) by striking ``(a) Annual Report.--'';
(C) by striking ``March 1 of each year'' and
inserting ``March 1 of each odd-numbered year''; and
(D) by striking subsection (b).
(2) Clerical amendment.--The table of sections at the
beginning of chapter 382 of such title is amended by striking
the item relating to section 4814 and inserting the following:
``4814. National Technology and Industrial Base: biennial report.''.
(3) Conforming amendment.--Section 858(b)(2) of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263) is amended by striking subparagraph
(A).
(e) Annual Military Cyberspace Operations Report.--Section 1644 of
the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C.
394 note; Public Law 116-92) is amended--
(1) in subsection (a) in the matter preceding paragraph (1)
in the first sentence--
(A) by inserting ``effects'' after ``all named
military cyberspace''; and
(B) by striking ``, operations, cyber effects
enabling operations, and cyber operations conducted as
defensive operations'' and inserting ``conducted for
either offensive or defensive purposes''; and
(2) in subsection (c), by inserting ``or cyber effects
operations for which Congress has otherwise been provided
notice'' before the period.
(f) Independent Studies Regarding Potential Cost Savings With
Respect to the Nuclear Security Enterprise and Force Structure.--
Section 1753 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92, 133 Stat. 1852) is hereby repealed.
(g) Extension and Modification of Authority to Provide Assistance
to the Vetted Syrian Opposition.--Section 1231(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) is amended--
(1) in the subsection heading, by striking ``Quarterly''
and inserting ``Semiannual''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``quarterly'' and inserting ``semiannual'';
and
(B) in subparagraph (A), by striking ``90-day'' and
inserting ``180-day''.
(h) Extension of Authority to Provide Assistance to Counter the
Islamic State of Iraq and Syria.--Section 1233(e) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) is amended--
(1) in the heading, by striking ``Quarterly'' and inserting
``Semiannual''; and
(2) in paragraph (1) in the second sentence of the matter
preceding subparagraph (A), by striking ``quarterly'' and
inserting ``semiannual''.
(i) Theft, Loss, or Release of Biological Select Agents or Toxins
Involving Department of Defense.--Section 1067(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50
U.S.C. 1528(a)) is amended to read as follows:
``(a) Notification.--(1) Subject to paragraph (2), not later than
45 days after a covered report of any theft, loss, or release of a
biological select agent or toxin involving the Department of Defense is
filed with the Centers for Disease Control and Prevention or the Animal
and Plant Health Inspection Service, the Secretary of Defense, acting
through the Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs, shall provide to the congressional defense
committees notice of such theft, loss, or release.
``(2) The Secretary shall provide to the congressional defense
committees notice of a release under paragraph (1) only if the
Secretary, acting through the Assistant Secretary, determines that the
release is outside the barriers of secondary containment into the
ambient air or environment or is causing occupational exposure that
presents a threat to public safety.
``(3) In this subsection, the term `covered report' means a report
filed under any of the following (or any successor regulations):
``(A) Section 331.19 of title 7, Code of Federal
Regulations.
``(B) Section 121.19 of title 9, Code of Federal
Regulations.
``(C) Section 73.19 of title 42, Code of Federal
Regulations.''.
(j) Department of Defense Security Cooperation Workforce
Development.--Section 1250(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529) is amended--
(1) in paragraph (1), by striking ``each year'' and
inserting ``every other year''; and
(2) in paragraph (2) in the matter preceding subparagraph
(A), by striking ``for the fiscal year'' and inserting ``for
the fiscal years''.
(k) Audit of Department of Defense Financial Statements.--Section
240a of title 10, United States Code, is amended--
(1) by striking ``(a) Annual Audit Required.--''; and
(2) by striking subsection (b).
(l) Financial Improvement and Audit Remediation Plan.--Section
240b(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``June 30,
2019, and annually thereafter'' and inserting ``July 31
each year'';
(B) in subparagraph (B)--
(i) by striking clauses (vii) through (x);
and
(ii) by redesignating clauses (xi), (xii),
and (xiii) as clauses (vii), (viii), and (ix),
respectively; and
(C) by striking subparagraph (C); and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``June 30'' and inserting
``July 31''; and
(ii) by striking the second sentence; and
(B) in subparagraph (b)--
(i) by striking ``June 30'' and inserting
``July 31''; and
(ii) by striking the second sentence.
(m) Annual Reports on Funding.--Section 1009(c) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 240b note) is amended by striking ``five days'' and inserting
``10 days''.
SEC. 1055. REPORT ON EQUIPPING CERTAIN GROUND COMBAT UNITS WITH SMALL
UNMANNED AERIAL SYSTEMS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretaries of the military departments, submit to the
congressional defense committees a report on equipping platoon-sized
ground combat formations with covered small unmanned aerial systems.
(b) Elements.--The report submitted pursuant to subsection (a)
shall address the following:
(1) The use of covered small unmanned aerial systems in the
Ukraine conflict and best practices learned.
(2) The potential use of covered small unmanned aerial
systems to augment small unit tactics and lethality in the
ground combat forces.
(3) Procurement challenges, legal restrictions, training
shortfalls, operational limitations, or other impediments to
fielding covered small unmanned aerial systems at the platoon
level.
(4) A plan to equip platoon-sized ground combat formations
in the close combat force with covered small unmanned aerial
systems at a basis of issue deemed appropriate by the relevant
secretary, including a proposed timeline and fielding strategy.
(5) A plan to equip such other ground combat units with
covered small unmanned aerial systems as deemed appropriate by
the relevant secretaries.
(6) An assessment of appropriate mission allocation between
Group 3 unmanned aerial systems, Group 1 unmanned aerial
systems, and covered small unmanned aerial systems.
(c) Definition of Covered Small Unmanned Aerial System.--In this
section, the term ``covered small unmanned aerial system'' means a
lightweight, low-cost, and commercially available unmanned aerial
system or drone able to be quickly deployed for--
(1) intelligence, surveillance, target acquisition, and
reconnaissance;
(2) conducting offensive strikes; or
(3) other functions as deemed appropriate by the relevant
secretaries.
SEC. 1056. COMPREHENSIVE ASSESSMENT OF MARINE CORPS FORCE DESIGN 2030.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with a Federally Funded Research and Development Center to
conduct an independent review, assessment, and analysis of the Marine
Corps modernization initiatives. The required report shall be submitted
to the congressional defense committees in written report form not
later than one year after entering into the contract.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of changes in the National Defense
Strategy, Defense Planning Guidance, the Joint Warfighting
Concept, and other strategic documents and concepts that
informed Force Design modernization requirements.
(2) An assessment of how the Marine Corps, consistent with
authorized end strength, can be structured, organized, trained,
equipped, and postured to meet the challenges of future
competition, crisis, and conflict to include discussion of
multiple structural options as relevant and the tradeoffs
between different options.
(3) An assessment of the ability of the defense innovation
base and defense industrial base to develop and produce the
technologies required to implement the Marine Corps' published
Force Design modernization plan on a timeline and at production
rates sufficient to sustain military operations.
(4) An assessment of forward infrastructure and the extent
to which installations are operationalized to deter, compete,
and prevail during conflict in support of the Marine Corps
modernization.
(5) An assessment of whether the Marine Corps is in
compliance with the statutory organization and functions
prescribed in section 8063 of title 10, United States Code.
(6) An assessment of the current retention and recruiting
environment and the ability of the Marine Corps to sustain
manpower requirements necessary for operational requirements
levied by title 10, in light of the published Force Design
plan.
(7) The extent to which the modernization initiatives
within the Marine Corps are nested within applicable joint
warfighting concepts.
(8) An assessment of whether the Marine Corps'
modernization is consistent with the strategy of integrated
deterrence.
(9) An assessment of the ability of the Marine Corps to
generate required force elements for the Immediate Ready Force
and the Contingency Ready Force, based on current and planned
end strength and structure.
(10) The extent to which the Marine Corps' published plan
for modernized capabilities can be integrated across the Joint
Force, to include warfighting concepts at the combatant command
level.
(11) The extent to which the Marine Corps' modernization
efforts currently meet the requirements of combatant
commanders' current plans and global force management
operations, to include a description of what mechanisms exist
to ensure geographic combatant requirements inform Marine Corps
modernization efforts.
(12) The extent to which modeling and simulation,
experimentation, wargaming, and other analytic methods support
the changes incorporated into the Marine Corps' modernization
initiatives, to include underlying assumptions and outcomes of
such analyses.
(13) An inventory of extant or planned investments as part
of the Marine Corps' modernization efforts, disaggregated by
the following capability areas and including actual or
projected dates of Initial Operational Capability and Full
Operational Capability:
(A) Command and Control.
(B) Information.
(C) Intelligence.
(D) Fires.
(E) Movement and Maneuver.
(F) Protection.
(G) Sustainment.
(14) An inventory of divestments of capability or capacity,
whether force structure or equipment, starting in fiscal year
2020, including--
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment
divested or reduced;
(C) the percentage of force structure of equipment
divested or reduced, including any equipment entered
into inventory management or other form of storage;
(D) the rationale and context behind such
divestment; and
(E) an identification of whether such divestment
affects the Marine Corps' ability to meet the
requirements of Global Force Management process and the
operational plans.
(15) An assessment of how observations regarding the
invasion and defense of Ukraine affect the feasibility,
advisability, and suitability of the Marine Corps' published
modernization plans.
(c) Classification of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include a
classified appendix to the extent required to ensure that the report is
accurate and complete.
SEC. 1057. STRATEGY TO ACHIEVE CRITICAL MINERAL SUPPLY CHAIN
INDEPENDENCE FOR THE DEPARTMENT OF DEFENSE.
(a) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
committees of Congress a strategy to develop supply chains for
the Department of Defense that are not dependent on mining or
processing of critical minerals in or by covered countries,
prioritizing production and processing in the United States, in
order to achieve critical mineral supply chain independence
from covered countries for the Department by 2035.
(2) Elements.--The strategy required by paragraph (1)
shall--
(A) identify and assess significant vulnerabilities
in the supply chains of contractors and subcontractors
of the Department of Defense involving critical
minerals that are mined or processed in or by covered
countries;
(B) identify and recommend changes to the
acquisition laws, regulations, and policies of the
Department of Defense to ensure contractors and
subcontractors of the Department use supply chains
involving critical minerals that are not mined or
processed in or by covered countries to the greatest
extent practicable, prioritizing production and
processing in the United States;
(C) evaluate the utility and desirability of using
authorities provided by the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.) to expand supply chains
and processing capacity for critical minerals in the
United States;
(D) evaluate the utility and desirability of
expanding authorities provided by the Defense
Production Act of 1950 to be used to expand supply
chains and processing capacity for critical minerals by
countries that are allies or partners of the United
States;
(E) evaluate the utility and desirability of
leveraging the process for acquiring shortfall
materials for the National Defense Stockpile under the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98 et seq.) to expand supply chains and
processing capacity for critical minerals in the United
States and in countries that are allies or partners of
the United States;
(F) identify areas of potential engagement and
partnership with the governments of countries that are
allies or partners of the United States to jointly
reduce dependence on critical minerals mined or
processed in or by covered countries;
(G) identify and recommend other policy changes
that may be needed to achieve critical mineral supply
chain independence from covered countries for the
Department;
(H) identify and recommend measures to streamline
authorities and policies with respect to critical
minerals and supply chains for critical minerals; and
(I) prioritize the recommendations made in the
strategy to achieve critical mineral supply chain
independence from covered countries for the Department,
prioritizing production and processing in the United
States, and taking into consideration economic costs
and varying degrees of vulnerability posed to the
national security of the United States by reliance on
different types of critical minerals.
(3) Form of strategy.--The strategy required by paragraph
(1) shall be submitted in classified form but shall include an
unclassified summary.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Covered country.--The term ``covered country'' means--
(A) a covered nation, as defined in section 4872,
title 10, United States Code; and
(B) any other country determined by the Secretary
of Defense to be a geostrategic competitor or adversary
of the United States for purposes of this Act.
(3) Critical mineral.--The term ``critical mineral'' means
a critical mineral (as defined in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a))) that the Secretary of Defense
determines to be important to the national security of the
United States for purposes of this Act.
(4) Shortfall material.--The term ``shortfall material''
means materials determined to be in shortfall in the most
recent report on stockpile requirements submitted to Congress
under subsection (a) of section 14 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-5) and
included in the most recent briefing required by subsection (f)
of that section.
SEC. 1058. QUARTERLY BRIEFING ON HOMELAND DEFENSE PLANNING.
(a) In General.--Not later than February 1, 2024, and every 90 days
thereafter through February 1, 2026, the Secretary of Defense shall
provide a briefing to the congressional defense committees on efforts
to bolster homeland defense, which is the top priority under the 2022
National Defense Strategy.
(b) Contents.--Each briefing required by subsection (a) shall
include the following:
(1) A summary of any update made to the homeland defense
planning guidance of the Department of Defense during the
preceding quarter.
(2) An update on the latest threats to the homeland posed
by the Government of the People's Republic of China, the
Government of the Russian Federation, the Government of the
Democratic People's Republic of Korea, the Government of Iran,
and any other adversary.
(3) A description of actions taken by the Department during
the preceding quarter to mitigate such threats.
(4) An assessment of threats to the homeland in the event
of a conflict with any adversary referred to in paragraph (2).
(5) A description of actions taken by the Department during
the preceding quarter to bolster homeland defense in the event
of such a conflict.
(6) An update on coordination by the Department with
Federal, State, and Tribal agencies to bolster homeland
defense.
(7) Any other matter the Secretary considers relevant.
SEC. 1059. SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) special operations forces have a vital and increasing
role to play in strategic competition in addition to conducting
counterterrorism operations and responding to crises;
(2) the demand for special operations forces and related
capabilities by combatant commanders continues to exceed
supply;
(3) special operations forces cannot be mass produced
during a crisis;
(4) most special operations require non-special operations
forces support, including engineers, technicians, intelligence
analysts, and logisticians;
(5) reductions to special operations forces, including
critical enablers, would dramatically and negatively impact
available options for combatant commanders to engage in
strategic competition, carry out counterterrorism operations,
and respond to crises; and
(6) the Secretary of Defense should not consider any
reductions to special operations force structure until after
the completion of a comprehensive analysis of special
operations force structure and a determination that any planned
changes would not have a negative impact on the ability of
combatant commanders to support strategic competition, counter
terrorism, and respond to crises.
(b) Report.--Not later than March 1, 2024, the Secretary of Defense
shall submit to the congressional defense committees a report assessing
the optimal force structure for special operations forces that includes
the following elements:
(1) A description of the role of special operations forces
in implementing the most recent national defense strategy under
section 113(g) of title 10, United States Code.
(2) A description of ongoing special operations activities,
as described in section 167(k) of title 10, United States Code.
(3) An assessment of potential future national security
threats to the United States across the spectrum of competition
and conflict.
(4) A description of ongoing counterterrorism and
contingency operations of the United States.
(5) A detailed accounting of the demand for special
operations forces by geographic combatant command.
(6) A description of the role of emerging technology on
special operations forces.
(7) An assessment of current and projected capabilities of
other United States Armed Forces that could affect force
structure capability and capacity requirements of special
operations forces.
(8) An assessment of the size, composition, and
organizational structure of the military services' special
operations command headquarters and subordinate headquarters
elements.
(9) An assessment of the readiness of special operations
forces for assigned missions and future conflicts.
(10) An assessment of the adequacy of special operations
force structure for meeting the goals of the National Military
Strategy under section 153(b) of title 10, United States Code.
(11) A description of the role of special operations forces
in supporting the Joint Concept for Competing.
(12) Any other matters deemed relevant by the Secretary.
SEC. 1060. BRIEFING ON COMMERCIAL TOOLS EMPLOYED BY THE DEPARTMENT OF
DEFENSE TO ASSESS FOREIGN OWNERSHIP, CONTROL, OR
INFLUENCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on countering industrial
espionage.
(b) Elements.--The request required under subsection (a) shall
include the following elements:
(1) A description of commercial and organically developed
tools employed by the Department of Defense to--
(A) assess the risks of foreign malign ownership,
control, or influence within the defense industrial
base;
(B) mitigate vulnerability associated with, but no
limited to, the People's Republic of China's, the
Russian Federation's, Iran's, or North Korea's foreign
ownership, control, or influence of any part of the
acquisition supply chain; and
(C) vet program personnel to identify technologies
and program components most at risk for industrial
espionage.
(2) A description of specific commercial solutions the
Department is currently leveraging to assess and mitigate these
risks.
SEC. 1061. PLAN ON COUNTERING HUMAN TRAFFICKING.
(a) Plan.--Not later than 120 days after the date of enactment of
this Act, the Secretary of Defense shall submit a plan to the
congressional defense committees for coordinating with defense partners
in North America and South America and supporting interagency
departments and agencies, as appropriate, in countering human
trafficking operations, including human trafficking by transnational
criminal organizations.
(b) Elements of Plan.--The plan under subsection (a) shall
include--
(1) a description of the threat to United States security
from human trafficking operations;
(2) a description of the authorities of the Department of
Defense for the purposes specified in subsection (a);
(3) a description of any current or proposed Department of
Defense programs or activities to coordinate with defense
partners or provide support to interagency departments and
agencies as described in subsection (a); and
(4) any recommendations of the Secretary of Defense for
additional authorities for the purposes of countering human
trafficking, including by transnational criminal organizations.
(c) Briefing.--Not later than 180 days after the submission of the
plan required under subsection (a), the Secretary of Defense shall
brief the congressional defense committees regarding the authorities,
programs, and activities of the Department of Defense to counter human
trafficking operations.
SEC. 1062. BRIEFING AND REPORT ON USE AND EFFECTIVENESS OF UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--Not later than April 30, 2024, the Secretary of
Defense shall provide to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
briefing and report on whether United States Naval Station, Guantanamo
Bay, Cuba, is being used effectively to defend the national security
interests of the United States.
(b) Elements.--The briefing and report required by subsection (a)
shall--
(1) consider--
(A) the presence and activities in Cuba of the
militaries of foreign governments, such as the Russian
Federation and the People's Republic of China; and
(B) to what extent the presence and activities of
those militaries could compromise the national security
of the United States or of United States allies and
partners; and
(2) discuss--
(A) options for dealing with the presence and
activities of those militaries in Cuba; and
(B) how different use by the United States of
United States Naval Station, Guantanamo Bay, might
mitigate risk.
SEC. 1063. ENSURING RELIABLE SUPPLY OF CRITICAL MINERALS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's dominant share of the
global minerals market is a threat to the economic stability,
well being, and competitiveness of key industries in the United
States;
(2) the United States should reduce reliance on the
People's Republic of China for critical minerals through--
(A) strategic investments in development projects,
production technologies, and refining facilities in the
United States; and
(B) in partnership with strategic allies of the
United States that are reliable trading partners,
including members of the Quadrilateral Security
Dialogue; and
(3) the United States Trade Representative should initiate
multilateral talks among the countries of the Quadrilateral
Security Dialogue to promote shared investment and development
of critical minerals.
(b) Report Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the United States Trade
Representative, in consultation with the officials specified in
paragraph (3), shall submit to the appropriate congressional
committees a report on the work of the Trade Representative to
address the national security threat posed by the People's
Republic of China's control of nearly \2/3\ of the global
supply of critical minerals.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a description of the extent of the engagement
of the United States with the other countries of the
Quadrilateral Security Dialogue to promote shared
investment and development of critical minerals during
the period beginning on the date of the enactment of
this Act and ending on the date of the report; and
(B) a description of the plans of the President to
leverage the partnership of the countries of the
Quadrilateral Security Dialogue to produce a more
reliable and secure global supply chain of critical
minerals.
(3) Officials specified.--The officials specified in this
paragraph are the following:
(A) The Secretary of Commerce.
(B) The Chief Executive Officer of the United
States International Development Finance Corporation.
(C) The Secretary of Energy.
(D) The Director of the United States Geological
Survey.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Finance and the Committee on
Energy and Natural Resources of the Senate; and
(B) the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of
Representatives.
Subtitle G--Other Matters
SEC. 1071. MATTERS RELATED TO IRREGULAR WARFARE.
(a) Affirming the Authority of the Secretary of Defense to Conduct
Irregular Warfare.--Congress affirms that the Secretary of Defense is
authorized to conduct irregular warfare operations, including
clandestine irregular warfare operations, to defend the United States,
allies of the United States, and interests of the United States.
(b) Definition Required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall, for the
purposes of joint doctrine, define the term ``irregular warfare''.
(c) Rule of Construction.--Nothing in this section shall be
construed to constitute a specific statutory authorization for any of
the following:
(1) The conduct of a covert action, as such term is defined
in section 503(e) of the National Security Act of 1947 (50
U.S.C. 3093(e)).
(2) The introduction of United States Armed Forces, within
the meaning of the War Powers Resolution (Public Law 93-148; 50
U.S.C. 1541 et seq.), into hostilities or into situations
wherein hostilities are clearly indicated by the circumstances.
SEC. 1072. JOINT CONCEPT FOR COMPETING IMPLEMENTATION UPDATES.
(a) Implementation Update and Briefings Required.--Not later than
March 1, 2024, and every 180 days thereafter through March 1, 2026, the
Chairman of the Joint Chiefs of Staff shall provide the congressional
defense committees with a written update with accompanying briefing on
the implementation of the Joint Concept for Competing, released on
February 10, 2023.
(b) Elements.--At a minimum, the written updates and briefings
required by subsection (a) shall include--
(1) a detailed description of the Joint Staff's efforts to
develop integrated competitive strategies to address the
challenges posed by specific adversaries, including those
designed to--
(A) deter aggression;
(B) prepare for armed conflict, if necessary;
(C) counter the competitive strategies of
adversaries; and
(D) support the efforts of interagency, allies and
foreign partners, and interorganizational partners;
(2) an identification of relevant updates to joint doctrine
and professional military education;
(3) an update on the Joint Concept for Competing's concept
required capabilities;
(4) an explanation of the integration of the Joint Concept
for Competing with other ongoing and future joint force
development and design efforts;
(5) a description of efforts to operationalize the Joint
Concept for Competing through a structured approach, including
to provide strategic guidance and direction, identify and
optimize Joint Force interdependencies with interagency and
allied partners, and inform and guide joint force development
and design processes;
(6) an articulation of concept-required capabilities that
are necessary for joint force development and design in support
of the Joint Concept for Competing;
(7) a description of efforts to coordinate and synchronize
Department of Defense activities with those of other
interagency and foreign partners for the purpose of integrated
campaigning;
(8) an identification of any recommendations to better
integrate the role of the Joint Force, as identified by the
Joint Concept for Competing, with national security efforts of
other interagency and foreign partners;
(9) an identification of any changes to authorities and
resources necessary to fully implement the Joint Concept for
Competing; and
(10) a description of any other matters deemed relevant by
the Chairman of the Joint Chiefs of Staff.
SEC. 1073. LIMITATION ON CERTAIN FUNDING UNTIL SUBMISSION OF THE
CHAIRMAN'S RISK ASSESSMENT AND BRIEFING REQUIREMENT.
(a) Office of the Chairman of the Joint Chiefs of Staff.--Of the
amounts authorized to be appropriated by this Act for fiscal year 2024
for operation and maintenance, Defense-wide, and available for the
Office of the Chairman of the Joint Chiefs of Staff, not more than 50
percent may be obligated or expended until the date that is 15 days
after the date on which the following reports are submitted to the
Committees on Armed Services of the Senate and the House of
Representatives:
(1) The 2021 risk assessment mandated by paragraph (2) of
subsection (b) of section 153 of title 10, United States Code,
and required to be delivered pursuant to paragraph (3) of such
subsection by not later than February 15, 2021.
(2) The 2023 risk assessment mandated by paragraph (2) of
subsection (b) of section 153 of title 10, United States Code,
and required to be delivered pursuant to paragraph (3) of such
subsection by not later than February 15, 2023.
(b) Office of the Secretary of Defense.--Of the amounts authorized
to be appropriated by this Act for fiscal year 2024 for operation and
maintenance, Defense-wide, and available for the Office of the
Secretary of Defense, not more than 50 percent may be obligated or
expended until the date that is 15 days after the date on which the
Secretary submits to the Committees on Armed Services of the Senate and
the House of Representatives:
(1) The risk mitigation plan required to be submitted as
part of the assessment described under subsection (a)(1), if
applicable.
(2) The risk mitigation plan required to be submitted as
part of the assessment described under subsection (a)(2), if
applicable.
(c) Briefing Requirement.--Section 153 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(d) Briefing Requirement.--(1) Not later than 15 days after the
submission of the risk assessment required under subsection (b)(2) or
March 1 of each year, whichever is earlier, the Chairman shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the activities of the Chairman under this
section.
``(2) The briefing shall include--
``(A) a detailed review of the risk assessment required
under paragraph (2) of subsection (b), including how it
addresses the elements required in subparagraph (B) of such
paragraph;
``(B) an analysis of how the risk assessment informs, and
supports, other Joint Staff assessments, including joint
capability development assessments, joint force development
assessments, comprehensive joint readiness assessments, and
global military integration assessments; and
``(C) if the risk assessment is not delivered at the time
of the briefing, a timeline for when the risk assessment will
be submitted to the Committees on Armed Services of the Senate
and the House of Representatives.''.
SEC. 1074. NOTIFICATION OF SAFETY AND SECURITY CONCERNS AT CERTAIN
DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--The Secretary of Defense shall notify the
congressional defense committees within 7 days after ceasing operations
at any Department of Defense laboratory or facility rated at biosafety
level (BSL)-3 or higher for safety or security reasons.
(b) Content.--The notification required under subsection (a) shall
include--
(1) the reason why operations have ceased at the laboratory
or facility;
(2) whether appropriate notification to other Federal
agencies has occurred;
(3) a description of the actions taken to determine the
root cause of the cessation; and
(4) a description of the actions taken to restore
operations at the laboratory or facility.
SEC. 1075. ASSESSMENT AND RECOMMENDATIONS RELATING TO INFRASTRUCTURE,
CAPACITY, RESOURCES, AND PERSONNEL IN GUAM.
(a) Assessment.--The Secretary of Defense, in coordination with the
Commander of United States Indo-Pacific Command, shall assess the
capacity of existing infrastructure, resources, and personnel available
in Guam to meet Indo-Pacific Command strategic objectives.
(b) Elements.--The assessment under subsection (a) shall include
the following elements:
(1) An appraisal of the potential role Guam could play as a
key logistics and operational hub for the United States
military in the Indo-Pacific region.
(2) An assessment of whether current infrastructure,
capacity, resources, and personnel in Guam is sufficient to
meet the expected demands during relevant operations and
contingency scenarios.
(3) An assessment of the adequacy of civilian
infrastructure in Guam for supporting the requirements of
United States Indo-Pacific Command, including the resilience of
such infrastructure in the event of a natural disaster and the
vulnerability of such infrastructure to cyber threats.
(4) Recommendations to improve current infrastructure,
capacity, resources, and personnel in Guam, to include the need
for recruiting and retention programs, such as cost-of-living
adjustments, initiatives for dealing with any shortages of
civilian employees, and programs to improve quality-of-life for
personnel assigned to Guam.
(5) An assessment of the implementation of Joint Task Force
Micronesia, including the Commander's assessment of
requirements for funding, resources, and personnel as compared
to what has been programmed in the fiscal year 2024 Future
Years Defense Program.
(6) Timeline and estimated costs by location and project to
support both existing and future roles in the region.
(7) Any other matters determined relevant by the Secretary.
(c) Report.--Not later than March 1, 2024, the Secretary of Defense
shall submit to the congressional defense committees a report including
the results of the assessment required under subsection (a).
SEC. 1076. PROGRAM AND PROCESSES RELATING TO FOREIGN ACQUISITION.
(a) Pilot Program for Combatant Command Use of Defense Acquisition
Workforce Development Account.--Each geographic combatant command may
use amounts from the Defense Acquisition Workforce Development Account
established under section 1705 of title 10, United States Code, to hire
not more than two acquisition specialists or contracting officers to
advise the combatant command on foreign arms transfer processes,
including the foreign military sales and direct commercial sales
processes, for the purpose of facilitating the effective implementation
of such processes.
(b) Industry Day.--
(1) In general.--Not later than March 1, 2024, and not less
frequently than annually thereafter, the Secretary of Defense
shall conduct an industry day--
(A) to raise awareness and understanding among
officials of foreign governments, embassy personnel,
and industry representatives with respect to the role
of the Department of Defense in implementing the
foreign military sales and direct commercial sales
processes; and
(B) to raise awareness--
(i) within the United States private sector
with respect to--
(I) foreign demand for United
States weapon systems; and
(II) potential foreign industry
partnering opportunities; and
(ii) among officials of foreign governments
and embassy personal with respect to potential
United States material solutions for capability
needs.
(2) Format.--In conducting each industry day under
paragraph (1), the Secretary of Defense, to the extent
practicable, shall seek to maximize participation by
representatives of the commercial defense industry and
government officials while minimizing cost, by--
(A) convening the industry day at the unclassified
security level;
(B) making the industry day publicly accessible
through teleconference or other virtual means; and
(C) disseminating any supporting materials by
posting the materials on a publicly accessible internet
website.
(c) Senior-level Industry Advisory Group.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with representatives of the commercial defense
industry, shall establish a senior-level industry advisory
group, modeled on the Defense Trade Advisory Group of the
Department of State and the Industry Trade Advisory Committees
of the Department of Commerce, for the purpose of focusing on
the role of the Department of Defense in the foreign military
sales process.
(2) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives on plans to establish the group
described in paragraph (1).
(d) Department of Defense Points of Contact for Foreign Military
Sales.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Secretary of each military
department shall each establish a single point of contact--
(A) to coordinate information and outreach on
Department of Defense implementation of the foreign
military sales process; and
(B) to respond to inquiries from representatives of
the commercial defense industry and partner countries.
(2) Points of contact.--The Under Secretary of Defense for
Acquisition and Sustainment and the Secretary of each military
department shall each ensure that the contact information for
the corresponding point of contact established under paragraph
(1) is--
(A) publicized at each industry day conducted under
subsection (b); and
(B) disseminated among the members of the advisory
group established under subsection (f).
(e) Combatant Command Needs for Exportability.--Not later than July
1 each year until 2030, the commander of each geographic combatant
command shall provide to the Under Secretary of Defense for Acquisition
and Sustainment a list of systems relating to research and development
or sustainment that would benefit from investment for exportability
features in support of the security cooperation objectives of the
commander.
(f) Sunset.--This section shall cease to have effect on December
31, 2028.
SEC. 1077. TECHNICAL AND CONFORMING AMENDMENTS RELATED TO THE SPACE
FORCE.
(a) Appointment of Chairman; Grade and Rank.--Section 152(c) of
title 10, United States Code, is amended by striking ``or, in the case
of an officer of the Space Force, the equivalent grade,''.
(b) Joint Requirements Oversight Council.--Section 181(c)(1)(F) of
such title is amended by striking ``in the grade equivalent to the
grade of general in the Army, Air Force, or Marine Corps, or admiral in
the Navy'' and inserting ``in the grade of general''.
(c) Original Appointments of Commissioned Officers.--Section 531(a)
of such title is amended--
(1) in paragraph (1), by striking ``and Regular Marine
Corps in the grades of ensign, lieutenant (junior grade), and
lieutenant in the Regular Navy, and in the equivalent grades in
the Regular Space Force'' and inserting ``Regular Marine Corps,
and Regular Space Force, and in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular
Navy''; and
(2) in paragraph (2), by striking ``and Regular Marine
Corps in the grades of lieutenant commander, commander, and
captain in the Regular Navy, and in the equivalent grades in
the Regular Space Force'' and inserting ``Regular Marine Corps,
and Regular Space Force, and in the grades of lieutenant
commander, commander, and captain in the Regular Navy''.
(d) Service Credit Upon Original Appointment as a Commissioned
Officer.--Section 533(b)(2) of such title is amended--
(1) by striking ``, or Marine Corps, captain in the Navy,
or an equivalent grade in the Space Force'' and inserting
``Marine Corps, or Space Force or captain in the Navy''.
(e) Positions of Importance and Responsibility.--Section 601(e) of
such title is amended--
(1) by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force, or''; and
(2) by striking ``or the commensurate grades in the Space
Force,''.
(f) Convening of Selection Boards.--Section 611(a) of such title is
amended by striking ``or Marine Corps'' and inserting ``Marine Corps,
or Space Force''.
(g) Information Furnished to Selection Boards.--Section 615(a)(3)
of such title is amended--
(1) in subparagraph (B)(i), by striking ``, in the case of
the Navy, lieutenant, or in the case of the Space Force, the
equivalent grade'' and inserting ``or, in the case of the Navy,
lieutenant''; and
(2) in subparagraph (D), by striking ``in the case of the
Navy, rear admiral, or, in the case of the Space Force, the
equivalent grade'' and inserting ``or, in the case of the Navy,
rear admiral''.
(h) Special Selection Review Boards.--Section 628a(a)(1)(A) of such
title is amended by striking ``, rear admiral in the Navy, or an
equivalent grade in the Space Force'' and inserting ``or rear admiral
in the Navy''.
(i) Rank: Commissioned Officers of the Armed Forces.--Section
741(a) of such title is amended in the table by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space Force''.
(j) Regular Commissioned Officers.--Section 1370 of such title is
amended--
(1) in subsection (a)(2), by striking ``rear admiral in the
Navy, or the equivalent grade in the Space Force'' both places
it appears and inserting ``or rear admiral in the Navy'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``or Marine Corps, lieutenant
in the Navy, or the equivalent grade in the
Space Force'' and inserting ``Marine Corps, or
Space Force, or lieutenant in the Navy''; and
(ii) in subparagraph (B), by striking ``or
Marine Corps, rear admiral in the Navy, or an
equivalent grade in the Space Force'' and
inserting ``Marine Corps, or Space Force, or
rear admiral in the Navy'';
(B) in paragraph (4), by striking ``or Marine
Corps, captain in the Navy, or the equivalent grade in
the Space Force'' and inserting ``Marine Corps, or
Space Force, or captain in the Navy'';
(C) in paragraph (5)--
(i) in subparagraph (A), by striking ``or
Marine Corps, lieutenant commander in the Navy,
or the equivalent grade in the Space Force''
and inserting ``Marine Corps, or Space Force,
or lieutenant commander in the Navy'';
(ii) in subparagraph (B), by striking ``or
Marine Corps, commander or captain in the Navy,
or an equivalent grade in the Space Force'' and
inserting ``Marine Corps, or Space Force, or
commander or captain in the Navy''; and
(iii) in subparagraph (C), by striking ``or
Marine Corps, rear admiral (lower half) or rear
admiral in the Navy'' and inserting ``Marine
Corps, or Space Corps, or rear admiral (lower
half) or rear admiral in the Navy''; and
(D) in paragraph (6), by striking ``, or an
equivalent grade in the Space Force,'';
(3) in subsection (c)(1), by striking ``or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade in
the Space Force'' and inserting ``Marine Corps, or Space Force,
or vice admiral or admiral in the Navy'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``or Marine
Corps, rear admiral in the Navy, or an equivalent grade
in the Space Force'' and inserting ``Marine Corps, or
Space Force, or rear admiral in the Navy''; and
(B) in paragraph (3), by striking ``or Marine
Corps, captain in the Navy, or the equivalent grade in
the Space Force'' and inserting ``Marine Corps, or
Space Force, or captain in the Navy'';
(5) in subsection (e)(2), by striking ``or Marine Corps,
vice admiral or admiral in the Navy, or an equivalent grade in
the Space Force'' and inserting ``Marine Corps, or Space Force,
or vice admiral or admiral in the Navy'';
(6) in subsection (f)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``or
Marine Corps, rear admiral in the Navy, or the
equivalent grade in the Space Force'' and
inserting ``Marine Corps, or Space Force, or
rear admiral in the Navy''; and
(ii) in subparagraph (B), by striking ``or
Marine Corps, vice admiral or admiral in the
Navy, or an equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space
Force, or vice admiral or admiral in the
Navy''; and
(B) in paragraph (6)--
(i) in subparagraph (A), by striking ``or
Marine Corps, rear admiral in the Navy, or the
equivalent grade in the Space Force'' and
inserting ``, Marine Corps, or Space Force, or
rear admiral in the Navy''; and
(ii) in subparagraph (B), by striking ``or
Marine Corps, vice admiral or admiral in the
Navy, or an equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space
Force, or vice admiral or admiral in the
Navy''; and
(7) in subsection (g), by striking ``or Marine Corps, rear
admiral in the Navy, or an equivalent grade in the Space
Force'' and inserting ``Marine Corps, or Space Force, or rear
admiral in the Navy''.
(k) Officers Entitled to Retired Pay for Non-regular Service.--
Section 1370a of such title is amended--
(1) in subsection (d)(1), by striking ``or Marine Corps''
both places it appears and inserting ``Marine Corps, or Space
Force''; and
(2) in subsection (h), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''.
(l) Retired Base Pay.--Section 1406(i)(3)(B)(v) of such title is
amended by striking ``The senior enlisted advisor of the Space Force''
and inserting ``Chief Master Sergeant of the Space Force''.
(m) Financial Assistance Program for Specially Selected Members.--
Section 2107 of such title is amended--
(1) in subsection (a)--
(A) by striking ``, as a'' and inserting ``or as
a''; and
(B) by striking ``or Marine Corps, or as an officer
in the equivalent grade in the Space Force'' and
inserting ``Marine Corps, or Space Force''; and
(2) in subsection (d), by striking ``lieutenant, ensign, or
an equivalent grade in the Space Force,'' and inserting
``lieutenant or ensign,''.
(n) Designation of Space Systems Command as a Field Command of the
United States Space Force.--Section 9016(b)(6)(B)(iv)(II) of title 10,
United States Code, is amended by striking ``Space and Missile Systems
Center'' and inserting ``Space Systems Command''.
(o) Chief of Space Operations.--Section 9082 of such title is
amended--
(1) in subsection (a), by striking ``, flag, or
equivalent'' both places it appears; and
(2) in subsection (b), by striking ``grade in the Space
Force equivalent to the grade of general in the Army, Air
Force, and Marine Corps, or admiral in the Navy'' and inserting
``grade of general''.
(p) Distinguished Flying Cross.--Section 9279(a) of such title is
amended-
(1) by adding ``or Space Force'' after ``Air Force''; and
(2) by adding ``or space'' after ``aerial''.
(q) Airman's Medal.--Section 9280(a)(1) of such title is amended by
adding ``or Space Force'' after ``Air Force''.
(r) Retired Grade of Commissioned Officers.--Section 9341 of such
title is amended--
(1) in subsection (a)(2), by striking ``or the Space
Force''; and
(2) in subsection (b), by striking ``or Reserve''.
(s) United States Air Force Institute of Technology:
Administration.--Section 9414b(a)(2)(B) of such title is amended by
striking ``or the equivalent grade in the Space Force''.
(t) Air Force Academy Permanent Professors; Director of
Admissions.--Section 9436 of such title is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``in the Air
Force or the equivalent grade in the Space Force'';
(B) in the second sentence--
(i) by inserting ``or Regular Space Force''
after ``Regular Air Force''; and
(ii) by striking ``and a permanent
professor appointed from the Regular Space
Force has the grade equivalent to the grade of
colonel in the Regular Air Force''; and
(C) in the third sentence, by striking ``in the Air
Force or the equivalent grade in the Space Force''; and
(2) in subsection (b)--
(A) in the first sentence, by striking ``in the Air
Force or the equivalent grade in the Space Force'' both
places it appears; and
(B) in the second sentence--
(i) by inserting ``or Regular Space Force''
after ``Regular Air Force''; and
(ii) by striking ``and a permanent
professor appointed from the Regular Space
Force has the grade equivalent to the grade of
colonel in the Regular Air Force''.
(u) Cadets: Degree and Commission on Graduation.--Section 9453(b)
of such title is amended by striking ``in the equivalent grade in''.
(v) Basic Pay Rates for Enlisted Members.--Footnote 2 of the table
titled ``ENLISTED MEMBERS'' in section 601(c) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 37 U.S.C. 1009 note) is amended by striking ``the senior
enlisted advisor of the Space Force'' and inserting ``Chief Master
Sergeant of the Space Force''.
(w) Pay of Senior Enlisted Members.--Section 210(c)(5) of title 37,
United States Code, is amended by striking ``the senior enlisted
advisor of the Space Force'' and inserting ``the Chief Master Sergeant
of the Space Force''.
(x) Personal Money Allowance.--Section 414(b) of title 37, United
States Code, is amended by striking ``the senior enlisted advisor of
the Space Force'' and inserting ``the Chief Master Sergeant of the
Space Force''.
SEC. 1078. AUTHORITY TO ESTABLISH COMMERCIAL INTEGRATION CELLS WITHIN
CERTAIN COMBATANT COMMANDS.
(a) In General.--The Commander of the United States Africa Command,
the Commander of the United States European Command, the Commander of
the United States Indo-Pacific Command, the Commander of the United
States Northern Command, and the Commander of the United States
Southern Command may each establish--
(1) a commercial integration cell within their respective
combatant command for the purpose of closely integrating public
and private entities with capabilities relevant to the area of
operation of such combatant command; and
(2) a chief technology officer position within their
respective combatant command, who may--
(A) oversee such commercial integration cell; and
(B) report directly to the commander of the
applicable combatant command.
(b) Requirements and Authorities.--In establishing the commercial
integration cells under subsection (a)(1), each commander described in
that paragraph may--
(1) make the applicable commercial integration cell
available to commercial entities with existing Government
contracts up to the Top Secret/Sensitive Compartmented
Information clearance level;
(2) ensure that such commercial integration cell is an
information-sharing partnership rather than a service contract;
(3) in the case of a solution identified within the
commercial integration cell that requires resources, work
within existing resources or processes to request such
resources; and
(4) integrate lessons learned from the commercial
integration cells of the United States Space Command and the
United States Central Command.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Commander of the United States Africa
Command, the Commander of the United States European Command, the
Commander of the United States Indo-Pacific Command, the Commander of
the United States Northern Command, and the Commander of the United
States Southern Command shall each provide to the Committees on Armed
Services of the Senate and the House of Representatives--
(1) a briefing on whether a commercial integration cell was
implemented and any related progress, including any challenges
to implementation;
(2) in the case of a commander of a combatant command who
chooses not to use the authority provided in this section to
establish a commercial integration cell or a chief technology
officer--
(A) an explanation for not using such authority;
and
(B) a description of the manner in which such
commander is otherwise addressing the need to integrate
commercial solutions; and
(3) in the case of a combatant command that has an official
performing a role similar to the role described for a chief
technology officer under subsection (a)(2), a detailed
description of the role performed by such official.
SEC. 1079. MODIFICATION ON LIMITATION ON FUNDING FOR INSTITUTIONS OF
HIGHER EDUCATION HOSTING CONFUCIUS INSTITUTES.
Section 1062 of the William M. (``Mac'') Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 2241 note) is amended by striking subsection (b).
SEC. 1080. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE FOR TITLE III
OF DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--Section 702(7) of such Act (50 U.S.C. 4552(7)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and by moving such clauses, as so
redesignated, two ems to the right;
(2) by striking ``The term'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the term'';
(3) in clause (ii), as redesignated by paragraph (1), by
striking ``subparagraph (A)'' and inserting ``clause (i)''; and
(4) by adding at the end the following new subparagraph
(B):
``(B) Domestic source for title iii.--
``(i) In general.--For purposes of title
III, the term `domestic source' means a
business concern that--
``(I) performs substantially all of
the research and development,
engineering, manufacturing, and
production activities required of such
business concern under a contract with
the United States relating to a
critical component or a critical
technology item in--
``(aa) the United States or
Canada; or
``(bb) subject to clause
(ii), Australia or the United
Kingdom; and
``(II) procures from business
concerns described in subclause (I)
substantially all of any components or
assemblies required under a contract
with the United States relating to a
critical component or critical
technology item.
``(ii) Limitations on use of business
concerns in australia and united kingdom.--
``(I) In general.--A business
concern described in clause (i)(I)(bb)
may be treated as a domestic source
only for purposes of the exercise of
authorities under title III relating to
national defense matters that cannot be
fully addressed with business concerns
described in clause (i)(I)(aa).
``(II) National defense matters.--
For purposes of subclause (I), a
national defense matter is a matter
relating to the development or
production of--
``(aa) a defense article,
as defined in section 301 of
title 10, United States Code;
or
``(bb) a material critical
to national defense or national
security, as defined in section
10(f) of the Strategic and
Critical Materials Stock Piling
Act (50 U.S.C. 98h-1(f)).''.
(b) Reports on Exercise of Title III Authorities.--Title III of the
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by
adding at the end the following new section:
``SEC. 305. REPORTS ON EXERCISE OF AUTHORITIES.
``(a) In General.--The President, or the head of an agency to which
the President has delegated authorities under this title, shall submit
a report and provide a briefing to the appropriate congressional
committees with respect to any action taken pursuant to such
authorities--
``(1) except as provided by paragraph (2), not later than
30 days after taking the action; and
``(2) in the case of an action that involves a business
concern in the United Kingdom or Australia, not later than 30
days before taking the action.
``(b) Elements.--
``(1) In general.--Each report and briefing required by
subsection (a) with respect to an action described in that
subsection shall include--
``(A) a justification of the necessity of the use
of authorities under this title; and
``(B) a description of the financial terms of any
related financial transaction.
``(2) Additional elements relating to business concerns in
the united kingdom or australia.--Each report and briefing
required by subsection (a) with respect to an action described
in paragraph (2) of that subsection shall include, in addition
to the elements under paragraph (1)--
``(A) a certification that business concerns in the
United States or Canada were not available with respect
to the action; and
``(B) an analysis of why such business concerns
were not available.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives; and
``(2) in the case of an action described in subsection (a)
involving strategic and critical materials relating to national
defense matters (as described in section 702(7)(B)(ii)(II)),
the Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives.''.
SEC. 1081. COMPREHENSIVE STRATEGY FOR TALENT DEVELOPMENT AND MANAGEMENT
OF DEPARTMENT OF DEFENSE COMPUTER PROGRAMMING WORKFORCE.
(a) Policy.--It shall be a policy of the Armed Forces, including
the reserve components, to establish appropriate and effective talent
development and management policies and practices that allow for the
military departments to present an adaptable, qualified workforce
training and education standard with respect to computer programming
skill needs for the workforce of the Department of Defense, including
technical and nontechnical skills related to artificial intelligence
and software coding.
(b) Strategy Required.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of each military department and the
Chairman of the Joint Chiefs of Staff, shall develop a strategy
to achieve the policy set forth in subsection (a).
(2) Elements.--The strategy required by paragraph (1) shall
include--
(A) the development, funding, and execution of a
coherent approach and transparent strategy across
digital platforms and applications that enable
development and presentation of forces with appropriate
programmatic oversight for both active and reserve
component workforces;
(B) the evaluation of the potential need for career
field occupational codes or other service-specific
talent management mechanisms aligned with the work
roles related to computer programming, artificial
intelligence and machine learning competency, and
software engineering under the Department of Defense
Cyber Workforce Framework to allow for the military
departments to identify, assess, track, manage, and
assign personnel with computer programming, coding, and
artificial intelligence skills through established
mechanisms, under the policies of the military
departments with respect to career field management,
including--
(i) development, modification, or
revalidation of a career field or separate
occupational code for computer programming
occupational areas aligned with such work
roles; and
(ii) development, modification, or
revalidation of a unique special skills or
experience designator or qualification, tracked
independently of a career field, for computer
programming occupational areas aligned with
such work roles;
(C) the evaluation of current talent management
processes to incorporate equivalency assessment as part
of the qualification standard to accommodate
experiences, training, or skills developed as a result
of other work experience or training opportunities,
including potentially from civilian occupations or
commercially-available training courses
(D) assessment of members of the Armed Forces who
have completed the qualification process of the
military department concerned or who qualify based on
existing skills and training across computer
programming occupational areas; and
(E) maintaining data on, and longitudinal tracking
of, members of the Armed Forces described in
subparagraph (D).
(c) Responsibilities.--The Secretary of each military department,
in consultation with the Assistant Secretary of the military department
for Manpower and Reserve Affairs, the Chief Information Officer of the
Department of Defense, and the Chief Digital and Artificial
Intelligence Officer of the Office of the Secretary of Defense, shall--
(1) be responsible for development and implementation of
the policy set forth in subsection (a) and strategy required by
subsection (b); and
(2) carry out that responsibility through an officer or
employee of the military department assigned by the Secretary
for that purpose.
(d) Duties.--In developing and providing for the implementation of
the policy set forth in subsection (a) and strategy required by
subsection (b), the Secretary of each military department, in
consultation with the Assistant Secretary of the military department
for Manpower and Reserve Affairs, the Chief Information Officer of the
military department, the Chief Information Officer of the Department of
Defense, and the Chief Digital and Artificial Intelligence Officer of
the Office of the Secretary of Defense, shall establish and update
relevant policies and practices to enable the talent development and
management to provide a workforce capable of conducting computer
programming, software coding, and artificial intelligence activities,
including by meeting related manning, systems, training, and other
related funding requirements.
(e) Strategy and Implementation Plans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of each military
department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives the strategy
required by subsection (b).
(2) Implementation plans required.--Not later than one year
after the date of the enactment of this Act, the Secretary of
each military department shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
implementation plan for the strategy required by subsection
(b), including identification of resource needs and areas where
current internal policy or legal statutes may need to be
updated.
(f) Definitions.--In this section:
(1) Computer programming occupational area.--The term
``computer programming occupational area'' means a technical or
nontechnical occupational position that supports computer
programming, coding, or artificial intelligence operations and
development, including the following positions:
(A) Data scientists.
(B) Data engineers.
(C) Data analysts.
(D) Software developers.
(E) Machine learning engineers.
(F) Program managers.
(G) Acquisition professionals.
(2) Digital platform or application.--The term ``digital
platform or application'' means an online integrated personnel
management system or human capital solution.
(3) Qualification process.--The term ``qualification
process''--
(A) means the process, modeled on a streamlined
version of the process for obtaining joint
qualifications, for training and verifying members of
the Armed Forces to receive career field or
occupational codes associated with computer programming
occupational areas; and
(B) may include--
(i) experiences, education, and training
received as a part of military service,
including fellowships, talent exchanges,
positions within government, and educational
courses; and
(ii) in the case of members of the reserve
components, experiences, education, and
training received in their civilian
occupations.
(4) Standard.--The term ``standard'' means the defined,
reviewed, and published standard for occupational series or
career fields that provides a measurable standard by which the
military departments can assess the ability to meet their
operational planning and steady-state force presentation
requirements during the global force management process.
SEC. 1082. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
LANDMINES.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2024 for the Department of Defense may be
obligated or expended for the destruction of anti-personnel landmine
munitions before the date on which the Secretary of Defense submits the
report required by subsection (c).
(b) Exception for Safety.--Subsection (a) shall not apply to any
anti-personnel landmine munitions that the Secretary of Defense
determines are unsafe or could pose a safety risk to the United States
Armed Forces if not demilitarized or destroyed.
(c) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
includes each of the following:
(A) A description of the policy of the Department
of Defense regarding the use of anti-personnel
landmines, including methods for commanders to seek
waivers to use such munitions.
(B) Projections covering the period of 10 years
following the date of the report of--
(i) the inventory levels for all anti-
personnel landmine munitions, taking into
account future production of anti-personnel
landmine munitions, any plans for
demilitarization of such munitions, the age of
the munitions, storage and safety
considerations, and any other factors that are
expected to impact the size of the inventory;
(ii) the cost to achieve the inventory
levels projected in clause (i), including the
cost for potential demilitarization or disposal
of such munitions; and
(iii) the cost to develop and produce new
anti-personnel landmine munitions the Secretary
determines are necessary to meet the demands of
operational plans.
(C) An assessment by the Chairman of the Joint
Chiefs of Staff of the effects of the inventory levels
projected under subparagraph (B)(i) on operational
plans.
(D) Any inputs by the Chairman and the commanders
of the combatant commands to a policy process that
resulted in a change in landmine policy during the
calendar year preceding the date of the enactment of
this Act.
(E) Any other matters that the Secretary determines
appropriate for inclusion in the report.
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Briefing Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the status, as of the date of the briefing, of research and
development into operational alternatives to anti-personnel
landmine munitions.
(2) Form of briefing.--The briefing required by paragraph
(1) may contain classified information.
(e) Anti-personnel Landmine Munitions Defined.--In this section,
the term ``anti-personnel landmine munitions'' includes anti-personnel
landmines and submunitions, as defined by the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction, concluded at Oslo September
18, 1997, as determined by the Secretary.
SEC. 1083. NOGALES WASTEWATER IMPROVEMENT.
(a) Amendment to the Act of July 27, 1953.--The first section of
the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-
10), is amended by striking the period at the end and inserting ``:
Provided further, That the equitable portion of the Nogales sanitation
project for the city of Nogales, Arizona, shall be limited to the costs
directly associated with the treatment and conveyance of the wastewater
of the city and, to the extent practicable, shall not include any costs
directly associated with the quality or quantity of wastewater
originating in Mexico.''.
(b) Nogales Sanitation Project.--
(1) Definitions.--In this subsection:
(A) City.--The term ``City'' means the City of
Nogales, Arizona.
(B) Commission.--The term ``Commission'' means the
United States Section of the International Boundary and
Water Commission.
(C) International outfall interceptor.--The term
``International Outfall Interceptor'' means the
pipeline that conveys wastewater from the United
States-Mexico border to the Nogales International
Wastewater Treatment Plant.
(D) Nogales international wastewater treatment
plant.--The term ``Nogales International Wastewater
Treatment Plant'' means the wastewater treatment plant
that--
(i) is operated by the Commission;
(ii) is located in Rio Rico, Santa Cruz
County, Arizona, after manhole 99; and
(iii) treats sewage and wastewater
originating from--
(I) Nogales, Sonora, Mexico; and
(II) Nogales, Arizona.
(2) Ownership and control.--
(A) In general.--Subject to subparagraph (B) and in
accordance with authority under the Act of July 27,
1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10 et
seq.), on transfer by donation from the City of the
current stake of the City in the International Outfall
Interceptor to the Commission, the Commission shall
enter into such agreements as are necessary to assume
full ownership and control over the International
Outfall Interceptor.
(B) Agreements required.--The Commission shall
assume full ownership and control over the
International Outfall Interceptor under subparagraph
(A) after all applicable governing bodies in the State
of Arizona, including the City, have--
(i) signed memoranda of understanding
granting to the Commission access to existing
easements for a right of entry to the
International Outfall Interceptor for the life
of the International Outfall Interceptor;
(ii) entered into an agreement with respect
to the flows entering the International Outfall
Interceptor that are controlled by the City;
and
(iii) agreed to work in good faith to
expeditiously enter into such other agreements
as are necessary for the Commission to operate
and maintain the International Outfall
Interceptor.
(3) Operations and maintenance.--
(A) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under paragraph
(2)(A), but subject to paragraph (5), the Commission
shall be responsible for the operations and maintenance
of the International Outfall Interceptor.
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Commission to
carry out this paragraph, to remain available until
expended--
(i) $6,500,000 for fiscal year 2025; and
(ii) not less than $2,500,000 for fiscal
year 2026 and each fiscal year thereafter.
(4) Debris screen.--
(A) Debris screen required.--
(i) In general.--The Commission shall
construct, operate, and maintain a debris
screen at Manhole One of the International
Outfall Interceptor for intercepting debris and
drug bundles coming to the United States from
Nogales, Sonora, Mexico.
(ii) Requirement.--In constructing and
operating the debris screen under clause (i),
the Commission and the Commissioner of U.S.
Customs and Border Protection shall
coordinate--
(I) the removal of drug bundles and
other illicit goods caught in the
debris screen; and
(II) other operations at the
International Outfall Interceptor that
require coordination.
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Commission, to
remain available until expended--
(i) for fiscal year 2025--
(I) $8,000,000 for construction of
the debris screen described in
subparagraph (A)(i); and
(II) not less than $1,000,000 for
the operations and maintenance of the
debris screen described in subparagraph
(A)(i); and
(ii) not less than $1,000,000 for fiscal
year 2026 and each fiscal year thereafter for
the operations and maintenance of the debris
screen described in subparagraph (A)(i).
(5) Limitation of claims.--Chapter 171 and section 1346(b)
of title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), shall not apply to any claim
arising from the activities of the Commission in carrying out
this subsection, including any claim arising from damages that
result from overflow of the International Outfall Interceptor
due to excess inflow to the International Outfall Interceptor
originating from Nogales, Sonora, Mexico.
(c) Effective Date.--This section (including the amendments made by
this section) takes effect on October 1, 2024.
SEC. 1084. AUTHORIZATION OF AMOUNTS TO SUPPORT INITIATIVES FOR MOBILE
MAMMOGRAPHY SERVICES FOR VETERANS.
There is authorized to be appropriated to the Secretary of Veterans
Affairs $10,000,000 for the Office of Women's Health of the Department
of Veterans Affairs under section 7310 of title 38, United States Code,
to be used by the Secretary to expand access of women veterans to--
(1) mobile mammography initiatives;
(2) advanced mammography equipment; and
(3) outreach activities to publicize those initiatives and
equipment.
SEC. 1085. PROTECTION OF COVERED SECTORS.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is
amended by adding at the end the following:
``TITLE VIII--PROTECTION OF COVERED SECTORS
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Armed Services, the
Committee on Finance, the Committee on Banking,
Housing, and Urban Affairs, the Select Committee on
Intelligence, and the Committee on Foreign Relations of
the Senate; and
``(B) the Committee on Armed Services, the
Committee on Ways and Means, the Committee on Financial
Services, the Permanent Select Committee on
Intelligence, and the Committee on Foreign Affairs of
the House of Representatives.
``(2) Country of concern.--The term `country of concern'
means, subject to such regulations as may be prescribed in
accordance with section 806, a country specified in section
4872(d)(2) of title 10, United States Code.
``(3) Covered activity.--
``(A) In general.--Subject to such regulations as
may be prescribed in accordance with section 806, and
except as provided in subparagraph (B), the term
`covered activity' means any activity engaged in by a
United States person in a related to a covered sector
that involves--
``(i) an acquisition by such United States
person of an equity interest or contingent
equity interest, or monetary capital
contribution, in a covered foreign entity,
directly or indirectly, by contractual
commitment or otherwise, with the goal of
generating income or gain;
``(ii) an arrangement for an interest held
by such United States person in the short- or
long-term debt obligations of a covered foreign
entity that includes governance rights that are
characteristic of an equity investment,
management, or other important rights, as
defined in regulations prescribed in accordance
with section 806;
``(iii) the establishment of a wholly owned
subsidiary in a country of concern, such as a
greenfield investment, for the purpose of
production, design, testing, manufacturing,
fabrication, or development related to one or
more covered sectors;
``(iv) the establishment by such United
States person of a joint venture in a country
of concern or with a covered foreign entity for
the purpose of production, design, testing,
manufacturing, fabrication, or research
involving one or more covered sectors, or other
contractual or other commitments involving a
covered foreign entity to jointly research and
develop new innovation, including through the
transfer of capital or intellectual property or
other business proprietary information; or
``(v) the acquisition by a United States
person with a covered foreign entity of--
``(I) operational cooperation, such
as through supply or support
arrangements;
``(II) the right to board
representation (as an observer, even if
limited, or as a member) or an
executive role (as may be defined
through regulation) in a covered
foreign entity;
``(III) the ability to direct or
influence such operational decisions as
may be defined through such
regulations;
``(IV) formal governance
representation in any operating
affiliate, like a portfolio company, of
a covered foreign entity; or
``(V) a new relationship to share
or provide business services, such as
but not limited to financial services,
marketing services, maintenance, or
assembly functions, related to a
covered sectors.
``(B) Exceptions.--The term `covered activity' does
not include--
``(i) any transaction the value of which
the Secretary of the Treasury determines is de
minimis, as defined in regulations prescribed
in accordance with section 806;
``(ii) any category of transactions that
the Secretary determines is in the national
interest of the United States, as may be
defined in regulations prescribed in accordance
with section 806; or
``(iii) any ordinary or administrative
business transaction as may be defined in such
regulations.
``(4) Covered foreign entity.--
``(A) In general.--Subject to regulations
prescribed in accordance with section 806, and except
as provided in subparagraph (B), the term `covered
foreign entity' means--
``(i) any entity that is incorporated in,
has a principal place of business in, or is
organized under the laws of a country of
concern;
``(ii) any entity the equity securities of
which are primarily traded in the ordinary
course of business on one or more exchanges in
a country of concern;
``(iii) any entity in which any entity
described in subclause (i) or (ii) holds,
individually or in the aggregate, directly or
indirectly, an ownership interest of greater
than 50 percent; or
``(iv) any other entity that is not a
United States person and that meets such
criteria as may be specified by the Secretary
of the Treasury in such regulations.
``(B) Exception.--The term `covered foreign entity'
does not include any entity described in subparagraph
(A) that can demonstrate that a majority of the equity
interest in the entity is ultimately owned by--
``(i) nationals of the United States; or
``(ii) nationals of such countries (other
than countries of concern) as are identified
for purposes of this subparagraph pursuant to
regulations prescribed in accordance with
section 806.
``(5) Covered sectors.--Subject to regulations prescribed
in accordance with section 806, the term `covered sectors'
includes sectors within the following areas, as specified in
such regulations:
``(A) Advanced semiconductors and microelectronics.
``(B) Artificial intelligence.
``(C) Quantum information science and technology.
``(D) Hypersonics.
``(E) Satellite-based communications.
``(F) Networked laser scanning systems with dual-
use applications.
``(6) Party.--The term `party', with respect to an
activity, has the meaning given that term in regulations
prescribed in accordance with section 806.
``(7) United states.--The term `United States' means the
several States, the District of Columbia, and any territory or
possession of the United States.
``(8) United states person.--The term `United States
person' means--
``(A) an individual who is a citizen or national of
the United States or an alien lawfully admitted for
permanent residence in the United States; and
``(B) any corporation, partnership, or other entity
organized under the laws of the United States or the
laws of any jurisdiction within the United States.
``SEC. 802. ADMINISTRATION OF UNITED STATES INVESTMENT NOTIFICATION.
``(a) In General.--The President shall delegate the authorities and
functions under this title to the Secretary of the Treasury.
``(b) Coordination.--In carrying out the duties of the Secretary
under this title, the Secretary shall--
``(1) coordinate with the Secretary of Commerce; and
``(2) consult with the United States Trade Representative,
the Secretary of Defense, the Secretary of State, and the
Director of National Intelligence.
``SEC. 803. MANDATORY NOTIFICATION OF COVERED ACTIVITIES.
``(a) Mandatory Notification.--
``(1) In general.--Subject to regulations prescribed in
accordance with section 806, beginning on the date that is 90
days after such regulations take effect, a United States person
that plans to engage in a covered activity shall--
``(A) if such covered activity is not a secured
transaction, submit to the Secretary of the Treasury a
complete written notification of the activity not later
than 14 days before the anticipated completion date of
the activity; and
``(B) if such covered activity is a secured
transaction, submit to the Secretary of the Treasury a
complete written notification of the activity not later
than 14 days after the completion date of the activity.
``(2) Circulation of notification.--
``(A) In general.--The Secretary shall, upon
receipt of a notification under paragraph (1), promptly
inspect the notification for completeness.
``(B) Incomplete notifications.--If a notification
submitted under paragraph (1) is incomplete, the
Secretary shall promptly inform the United States
person that submits the notification that the
notification is not complete and provide an explanation
of relevant material respects in which the notification
is not complete.
``(3) Identification of non-notified activity.--The
Secretary shall establish a process to identify covered
activity for which--
``(A) a notification is not submitted to the
Secretary under paragraph (1); and
``(B) information is reasonably available.
``(b) Confidentiality of Information.--
``(1) In general.--Except as provided in paragraph (2), any
information or documentary material filed with the Secretary of
the Treasury pursuant to this section shall be exempt from
disclosure under section 552 of title 5, United States Code,
and no such information or documentary material may be made
public by any government agency or Member of Congress.
``(2) Exceptions.--The exemption from disclosure provided
by paragraph (1) shall not prevent the disclosure of the
following:
``(A) Information relevant to any administrative or
judicial action or proceeding.
``(B) Information provided to Congress or any of
the appropriate congressional committees.
``(C) Information important to the national
security analysis or actions of the President to any
domestic governmental entity, or to any foreign
governmental entity of an ally or partner of the United
States, under the direction and authorization of the
President or the Secretary, only to the extent
necessary for national security purposes, and subject
to appropriate confidentiality and classification
requirements.
``(D) Information that the parties have consented
to be disclosed to third parties.
``SEC. 804. REPORTING REQUIREMENTS.
``(a) In General.--Not later than 360 days after the date on which
the regulations prescribed under section 806 take effect, and not less
frequently than annually thereafter, the Secretary of the Treasury
shall submit to the appropriate congressional committees a report
that--
``(1) lists all notifications submitted under section
803(a) during the year preceding submission of the report and
includes, with respect to each such notification--
``(A) basic information on each party to the
covered activity with respect to which the notification
was submitted; and
``(B) the nature of the covered activity that was
the subject to the notification, including the elements
of the covered activity that necessitated a
notification;
``(2) includes a summary of those notifications,
disaggregated by sector, by covered activity, and by country of
concern;
``(3) provides additional context and information regarding
trends in the sectors, the types of covered activities, and the
countries involved in those notifications;
``(4) includes a description of the national security risks
associated with--
``(A) the covered activities with respect to which
those notifications were submitted; or
``(B) categories of such activities; and
``(5) assesses the overall impact of those notifications,
including recommendations for--
``(A) expanding existing Federal programs to
support the production or supply of covered sectors in
the United States, including the potential of existing
authorities to address any related national security
concerns;
``(B) investments needed to enhance covered sectors
and reduce dependence on countries of concern regarding
those sectors; and
``(C) the continuation, expansion, or modification
of the implementation and administration of this title,
including recommendations with respect to whether the
definition of `country of concern' under section 801(2)
should be amended to add or remove countries.
``(b) Form of Report.--Each report required by this section shall
be submitted in unclassified form, but may include a classified annex.
``(c) Testimony Required.--Not later than one year after the date
of enactment of this title, and annually thereafter, the Secretary of
the Treasury and the Secretary of Commerce shall each provide to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
testimony with respect to the national security threats relating to
investments by the United States persons in countries of concern and
broader international capital flows.
``SEC. 805. PENALTIES AND ENFORCEMENT.
``(a) Penalties With Respect to Unlawful Acts.--Subject to
regulations prescribed in accordance with section 806, it shall be
unlawful--
``(1) to fail to submit a notification under subsection (a)
of section 803 with respect to a covered activity or to submit
other information as required by the Secretary of the Treasury;
or
``(2) to make a material misstatement or to omit a material
fact in any information submitted to the Secretary under this
title.
``(b) Enforcement.--The President may direct the Attorney General
to seek appropriate relief in the district courts of the United States,
in order to implement and enforce this title.
``SEC. 806. REQUIREMENT FOR REGULATIONS.
``(a) In General.--Not later than 360 days after the date of the
enactment of this title, the Secretary of the Treasury shall finalize
regulations to carry out this title.
``(b) Elements.--Regulations prescribed to carry out this title
shall include specific examples of the types of--
``(1) activities that will be considered to be covered
activities; and
``(2) the specific sectors and subsectors that may be
considered to be covered sectors.
``(c) Requirements for Certain Regulations.--The Secretary of the
Treasury shall prescribe regulations further defining the terms used in
this title, including `covered activity', `covered foreign entity', and
`party', in accordance with subchapter II of chapter 5 and chapter 7 of
title 5 (commonly known as the `Administrative Procedure Act').
``(d) Public Participation in Rulemaking.--The provisions of
section 709 shall apply to any regulations issued under this title.
``(e) Low-burden Regulations.--In prescribing regulations under
this section, the Secretary of the Treasury shall structure the
regulations--
``(1) to minimize the cost and complexity of compliance for
affected parties;.
``(2) to ensure the benefits of the regulations outweigh
their costs;
``(3) to adopt the least burdensome alternative that
achieves regulatory objectives;
``(4) to prioritize transparency and stakeholder
involvement in the process of prescribing the regulations; and
``(5) to regularly review and streamline existing
regulations to reduce redundancy and complexity.
``SEC. 807. MULTILATERAL ENGAGEMENT AND COORDINATION.
``(a) In General.--The President shall delegate the authorities and
functions under this section to the Secretary of State.
``(b) Authorities.--The Secretary of State, in coordination with
the Secretary of the Treasury, the Secretary of Commerce, the United
States Trade Representative, and the Director of National Intelligence,
shall--
``(1) conduct bilateral and multilateral engagement with
the governments of countries that are allies and partners of
the United States to ensure coordination of protocols and
procedures with respect to covered activities with countries of
concern and covered foreign entities; and
``(2) upon adoption of protocols and procedures described
in paragraph (1), work with those governments to establish
mechanisms for sharing information, including trends, with
respect to such activities.
``(c) Strategy for Development of Outbound Investment Screening
Mechanisms.--The Secretary of State, in coordination with the Secretary
of the Treasury and in consultation with the Attorney General, shall--
``(1) develop a strategy to work with countries that are
allies and partners of the United States to develop mechanisms
comparable to this title for the notification of covered
activities; and
``(2) provide technical assistance to those countries with
respect to the development of those mechanisms.
``(d) Report.--Not later than 90 days after the development of the
strategy required by subsection (b), and annually thereafter for a
period of 5 years, the Secretary of State shall submit to the
appropriate congressional committees a report that includes the
strategy, the status of implementing the strategy, and a description of
any impediments to the establishment of mechanisms comparable to this
title by allies and partners,
``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated such
sums as may be necessary to carry out this title, including to provide
outreach to industry and persons affected by this title.
``(b) Hiring Authority.--The head of any agency designated as a
lead agency under section 802(b) may appoint, without regard to the
provisions of sections 3309 through 3318 of title 5, United States
Code, not more than 25 candidates directly to positions in the
competitive service (as defined in section 2102 of that title) in that
agency. The primary responsibility of individuals in positions
authorized under the preceding sentence shall be to administer this
title.
``SEC. 809. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND FAIR
COMMERCE.
``Nothing in this title may be construed to restrain or deter
foreign investment in the United States, United States investment
abroad, or trade in goods or services, if such investment and trade do
not pose a risk to the national security of the United States.''.
SEC. 1086. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY COMMITTEE ON
FOREIGN INVESTMENT IN THE UNITED STATES.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)
is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``;
and'' and inserting a semicolon;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) any transaction described in clause
(vi) or (vii) of subparagraph (B) proposed or
pending on or after the date of the enactment
of this clause.'';
(ii) in subparagraph (B), by adding at the
end the following:
``(vi) Any other investment, subject to
regulations prescribed under subparagraphs (D)
and (E), by a foreign person in any
unaffiliated United States business that is
engaged in agriculture or biotechnology related
to agriculture.
``(vii) Subject to subparagraphs (C) and
(E), the purchase or lease by, or a concession
to, a foreign person of private real estate
that is--
``(I) located in the United States;
``(II) used in agriculture; and
``(III) more than 320 acres or
valued in excess of $5,000,000.'';
(iii) in subparagraph (C)(i), by striking
``subparagraph (B)(ii)'' and inserting ``clause
(ii) or (vii) of subparagraph (B)'';
(iv) in subparagraph (D)--
(I) in clause (i), by striking
``subparagraph (B)(iii)'' and inserting
``clauses (iii) and (vi) of
subparagraph (B)'';
(II) in clause (iii)(I), by
striking ``subparagraph (B)(iii)'' and
inserting ``clauses (iii) and (vi) of
subparagraph (B)'';
(III) in clause (iv)(I), by
striking ``subparagraph (B)(iii)'' each
place it appears and inserting
``clauses (iii) and (vi) of
subparagraph (B)''; and
(IV) in clause (v), by striking
``subparagraph (B)(iii)'' and inserting
``clauses (iii) and (vi) of
subparagraph (B)''; and
(v) in subparagraph (E), by striking
``clauses (ii) and (iii)'' and inserting
``clauses (ii), (iii), (iv), and (vii)''; and
(B) by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning
given such term in section 3 of the Fair Labor Standards Act of
1938 (29 U.S.C. 203).'';
(2) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and
(J), as subparagraphs (I), (J), and (K), respectively;
and
(B) inserting after subparagraph (G) the following
new subparagraph:
``(H) The Secretary of Agriculture (nonvoting, ex
officio).''; and
(3) by adding at the end the following:
``(r) Prohibition With Respect to Agricultural Companies and Real
Estate.--
``(1) In general.--Notwithstanding any other provision of
this section, if the Committee, in conducting a review and
investigation under this section, determines that a transaction
described in clause (i), (vi), or (vii) of subsection (a)(4)(B)
would result in control by a covered foreign person of or
investment by a covered foreign person in a United States
business engaged in agriculture or private real estate used in
agriculture, the President shall prohibit such transaction.
``(2) Waiver.--The President may waive, on a case-by-case
basis, the requirement to prohibit a transaction under
paragraph (1), not less than 30 days after the President
determines and reports to the relevant committees of
jurisdiction that it is vital to the national security
interests of the United States to waive such prohibition.
``(3) Defined terms.--In this subsection:
``(A) Covered person.--
``(i) In general.--Except as provided by
clause (ii), the term `covered person'--
``(I) has the meaning given the
term `a person owned by, controlled by,
or subject to the jurisdiction or
direction of a foreign adversary' in
section 7.2 of title 15, Code of
Federal Regulations (as in effect on
the date of the enactment of the
National Defense Authorization Act for
Fiscal Year 2024), except that each
reference to `foreign adversary' in
that definition shall be deemed to be a
reference to the government of a
covered country; and
``(II) includes an entity that--
``(aa) is registered in or
organized under the laws of a
covered country;
``(bb) has a principal
place of business in a covered
country; or
``(cc) has a subsidiary
with a principal place of
business in a covered country.
``(ii) Exclusions.--The term `covered
person' does not include a United States
citizen or an alien lawfully admitted for
permanent residence to the United States.
``(B) Covered country.--The term `covered country'
means any of the following:
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of
Korea.''.
SEC. 1087. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTION ACT OF
2023.
(a) Department of Defense, Armed Forces, or Other Federal Worker
Responders to the September 11 Attacks at the Pentagon and Shanksville,
Pennsylvania.--Title XXXIII of the Public Health Service Act (42 U.S.C.
300mm et seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11)
and paragraphs (12) through (17) as paragraphs (6)
through (12) and paragraphs (14) through (19),
respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or
other establishment in the executive, legislative, or judicial
branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so
redesignated, the following:
``(13) The term `uniformed services' has the meaning given
the term in section 101(a) of title 10, United States Code.'';
and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or''
and inserting a semicolon;
(ii) in subclause (II), by striking ``;
and'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department
of Defense or any other Federal agency, worked
during the period beginning on September 11,
2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any
other Federal agency, or was a member of a
regular or reserve component of the uniformed
services; and performed rescue, recovery,
demolition, debris cleanup, or other related
services at the Pentagon site of the terrorist-
related aircraft crash of September 11, 2001,
during the period beginning on September 11,
2001, and ending on the date on which the
cleanup of the site was concluded, as
determined by the WTC Program Administrator; or
``(IV) was an employee of the Department of
Defense or any other Federal agency, worked
during the period beginning on September 11,
2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any
other Federal agency, or was a member of a
regular or reserve component of the uniformed
services; and performed rescue, recovery,
demolition, debris cleanup, or other related
services at the Shanksville, Pennsylvania, site
of the terrorist-related aircraft crash of
September 11, 2001, during the period beginning
on September 11, 2001, and ending on the date
on which the cleanup of the site was concluded,
as determined by the WTC Program Administrator;
and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The''
and inserting the following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or
(IV) of paragraph (2)(C)(i)'' after ``or
(2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september
11 attacks at the pentagon and shanksville,
pennsylvania.--The total number of individuals
who may be enrolled under paragraph (3)(A)(ii)
based on eligibility criteria described in
subclause (III) or (IV) of paragraph (2)(C)(i)
shall not exceed 500 at any time.''.
(b) Additional Funding for the World Trade Center Health Program.--
Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.)
is amended by adding at the end the following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Special Fund (referred to in this
section as the `Special Fund'), consisting of amounts deposited into
the Special Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $444,000,000
for deposit into the Special Fund, which amounts shall remain available
in such Fund through fiscal year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special Fund under
subsection (b) shall be available, without further appropriation and
without regard to any spending limitation under section 3351(c), to the
WTC Program Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title (including
sections 3303 and 3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the Special
Fund on September 30, 2033, shall be deposited into the Treasury as
miscellaneous receipts.
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Fund for Certain WTC Responders at
the Pentagon and Shanksville, Pennsylvania (referred to in this section
as the `Pentagon/Shanksville Fund'), consisting of amounts deposited
into the Pentagon/Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $232,000,000
for deposit into the Pentagon/Shanksville Fund, which amounts shall
remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/
Shanksville Fund under subsection (b) shall be available,
without further appropriation and without regard to any
spending limitation under section 3351(c), to the WTC Program
Administrator for the purpose of carrying out section 3312 with
regard to WTC responders enrolled in the WTC Program based on
eligibility criteria described in subclause (III) or (IV) of
section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding
sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any
other provision in this title, for the period of fiscal years
2024 through 2033, no amounts made available under this title
other than those amounts appropriated under subsection (b) may
be available for the purpose described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the Pentagon/
Shanksville Fund on September 30, 2033, shall be deposited into the
Treasury as miscellaneous receipts.''.
(c) Conforming Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World
Trade Center Health Program Fund and the World Trade
Center Health Program Supplemental Fund'' and inserting
``(as applicable) the Funds established under sections
3351, 3352, 3353, and 3354''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or
the World Trade Center Health Program Special
Fund under section 3353'' after ``section
3351'';
(ii) in paragraph (1)(B), by inserting ``or
the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and
Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(iii) in paragraph (2), in the flush text
following subparagraph (C), by inserting ``or
the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and
Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``, the World
Trade Center Health Program Special Fund under section
3353, or the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and Shanksville,
Pennsylvania under section 3354'' before the period at
the end; and
(B) in paragraph (3), by inserting ``, the World
Trade Center Health Program Special Fund under section
3353, or the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and Shanksville,
Pennsylvania under section 3354'' before the period at
the end.
(d) Ensuring Timely Access to Generics.--Section 505(q) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``,
10.31,'' after ``10.30'';
(B) in subparagraph (E)--
(i) by striking ``application and'' and
inserting ``application or'';
(ii) by striking ``If the Secretary'' and
inserting the following:
``(i) In general.--If the Secretary''; and
(iii) by striking the second sentence and
inserting the following:
``(ii) Primary purpose of delaying.--
``(I) In general.--In determining
whether a petition was submitted with
the primary purpose of delaying an
application, the Secretary may consider
the following factors:
``(aa) Whether the petition
was submitted in accordance
with paragraph (2)(B), based on
when the petitioner knew the
relevant information relied
upon to form the basis of such
petition.
``(bb) When the petition
was submitted in relation to
when the petitioner reasonably
should have known the relevant
information relied upon to form
the basis of such petition.
``(cc) Whether the
petitioner has submitted
multiple or serial petitions or
supplements to petitions
raising issues that reasonably
could have been known to the
petitioner at the time of
submission of the earlier
petition or petitions.
``(dd) Whether the petition
was submitted close in time to
a known, first date upon which
an application under subsection
(b)(2) or (j) of this section
or section 351(k) of the Public
Health Service Act could be
approved.
``(ee) Whether the petition
was submitted without relevant
data or information in support
of the scientific positions
forming the basis of such
petition.
``(ff) Whether the petition
raises the same or
substantially similar issues as
a prior petition to which the
Secretary has responded
substantively already,
including if the subsequent
submission follows such
response from the Secretary
closely in time.
``(gg) Whether the petition
requests changing the
applicable standards that other
applicants are required to
meet, including requesting
testing, data, or labeling
standards that are more onerous
or rigorous than the standards
the Secretary has determined to
be applicable to the listed
drug, reference product, or
petitioner's version of the
same drug.
``(hh) The petitioner's
record of submitting petitions
to the Food and Drug
Administration that have been
determined by the Secretary to
have been submitted with the
primary purpose of delay.
``(ii) Other relevant and
appropriate factors, which the
Secretary shall describe in
guidance.
``(II) Guidance.--The Secretary may
issue or update guidance, as
appropriate, to describe factors the
Secretary considers in accordance with
subclause (I).'';
(C) by striking subparagraph (F);
(D) by redesignating subparagraphs (G) through (I)
as subparagraphs (F) through (H), respectively; and
(E) in subparagraph (H), as so redesignated, by
striking ``submission of this petition'' and inserting
``submission of this document'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (C)
as subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so
redesignated, the following:
``(A) In general.--A person shall submit a petition
to the Secretary under paragraph (1) before filing a
civil action in which the person seeks to set aside,
delay, rescind, withdraw, or prevent submission,
review, or approval of an application submitted under
subsection (b)(2) or (j) of this section or section
351(k) of the Public Health Service Act. Such petition
and any supplement to such a petition shall describe
all information and arguments that form the basis of
the relief requested in any civil action described in
the previous sentence.
``(B) Timely submission of citizen petition.--A
petition and any supplement to a petition shall be
submitted within 180 days after the person knew the
information that forms the basis of the request made in
the petition or supplement.'';
(C) in subparagraph (C), as so redesignated--
(i) in the heading, by striking ``within
150 days'';
(ii) in clause (i), by striking ``during
the 150-day period referred to in paragraph
(1)(F),''; and
(iii) by amending clause (ii) to read as
follows:
``(ii) on or after the date that is 151
days after the date of submission of the
petition, the Secretary approves or has
approved the application that is the subject of
the petition without having made such a final
decision.'';
(D) by amending subparagraph (D), as so
redesignated, to read as follows:
``(D) Dismissal of certain civil actions.--
``(i) Petition.--If a person files a civil
action against the Secretary in which a person
seeks to set aside, delay, rescind, withdraw,
or prevent submission, review, or approval of
an application submitted under subsection
(b)(2) or (j) of this section or section 351(k)
of the Public Health Service Act without
complying with the requirements of subparagraph
(A), the court shall dismiss without prejudice
the action for failure to exhaust
administrative remedies.
``(ii) Timeliness.--If a person files a
civil action against the Secretary in which a
person seeks to set aside, delay, rescind,
withdraw, or prevent submission, review, or
approval of an application submitted under
subsection (b)(2) or (j) of this section or
section 351(k) of the Public Health Service Act
without complying with the requirements of
subparagraph (B), the court shall dismiss with
prejudice the action for failure to timely file
a petition.
``(iii) Final response.--If a civil action
is filed against the Secretary with respect to
any issue raised in a petition timely filed
under paragraph (1) in which the petitioner
requests that the Secretary take any form of
action that could, if taken, set aside, delay,
rescind, withdraw, or prevent submission,
review, or approval of an application submitted
under subsection (b)(2) or (j) of this section
or section 351(k) of the Public Health Service
Act before the Secretary has taken final agency
action on the petition within the meaning of
subparagraph (C), the court shall dismiss
without prejudice the action for failure to
exhaust administrative remedies.''; and
(E) in clause (iii) of subparagraph (E), as so
redesignated, by striking ``as defined under
subparagraph (2)(A)'' and inserting ``within the
meaning of subparagraph (C)''; and
(3) in paragraph (4)--
(A) by striking ``Exceptions'' in the paragraph
heading and all that follows through ``This subsection
does'' and inserting ``Exceptions.--This subsection
does'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly.
SEC. 1088. REAUTHORIZATION OF VOLUNTARY REGISTRY FOR FIREFIGHTER CANCER
INCIDENCE.
Section 2(h) of the Firefighter Cancer Registry Act of 2018 (42
U.S.C. 280e-5(h)) is amended by striking ``$2,500,000 for each of the
fiscal years 2018 through 2022'' and inserting ``$5,500,000 for each of
fiscal years 2024 through 2028''.
SEC. 1089. REQUIREMENT FOR UNQUALIFIED OPINION ON FINANCIAL STATEMENT.
The Secretary of Defense shall ensure that the Department of
Defense has received an unqualified opinion on its financial statements
by October 1, 2027.
SEC. 1090. BRIEFING ON AIR NATIONAL GUARD ACTIVE ASSOCIATIONS.
Not later than November 1, 2023, the Secretary of the Air Force
shall brief the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives on the
potential increase in air refueling capacity and cost savings,
including manpower, to be achieved by making all Air National Guard KC-
135 units active associations.
SEC. 1090A. INFORMING CONSUMERS ABOUT SMART DEVICES ACT.
(a) Required Disclosure of a Camera or Recording Capability in
Certain Internet-connected Devices.--Each manufacturer of a covered
device shall disclose, clearly and conspicuously and prior to purchase,
whether the covered device manufactured by the manufacturer contains a
camera or microphone as a component of the covered device.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Actions by the commission.--
(A) In general.--The Federal Trade Commission (in
this section referred to as the ``Commission'') shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Penalties and privileges.--Any person who
violates this section or a regulation promulgated under
this section shall be subject to the penalties and
entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Savings clause.--Nothing in this section shall
be construed to limit the authority of the Commission
under any other provision of law.
(3) Commission guidance.--Not later than 180 days after the
date of enactment of this section, the Commission, through
outreach to relevant private entities, shall issue guidance to
assist manufacturers in complying with the requirements of this
section, including guidance about best practices for making the
disclosure required by subsection (a) as clear and conspicuous
and age appropriate as practicable and about best practices for
the use of a pictorial (as defined in section 2(a) of the
Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))) visual
representation of the information to be disclosed.
(4) Tailored guidance.--A manufacturer of a covered device
may petition the Commission for tailored guidance as to how to
meet the requirements of subsection (a) consistent with
existing rules of practice or any successor rules.
(5) Limitation on commission guidance.--No guidance issued
by the Commission with respect to this section shall confer any
rights on any person, State, or locality, nor shall operate to
bind the Commission or any person to the approach recommended
in such guidance. In any enforcement action brought pursuant to
this section, the Commission shall allege a specific violation
of a provision of this section. The Commission may not base an
enforcement action on, or execute a consent order based on,
practices that are alleged to be inconsistent with any such
guidelines, unless the practices allegedly violate subsection
(a).
(c) Definition of Covered Device.--In this section, the term
``covered device''--
(1) means a consumer product, as defined by section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
capable of connecting to the internet, a component of which is
a camera or microphone; and
(2) does not include--
(A) a telephone (including a mobile phone), a
laptop, tablet, or any device that a consumer would
reasonably expect to have a microphone or camera;
(B) any device that is specifically marketed as a
camera, telecommunications device, or microphone; or
(C) any device or apparatus described in sections
255, 716, and 718, and subsections (aa) and (bb) of
section 303 of the Communications Act of 1934 (47
U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any
regulations promulgated thereunder.
(d) Effective Date.--This section shall apply to all covered
devices manufactured after the date that is 180 days after the date on
which guidance is issued by the Commission under subsection (b)(3), and
shall not apply to covered devices manufactured or sold before such
date, or otherwise introduced into interstate commerce before such
date.
SEC. 1090B. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS AFFAIRS OF
DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS DISORDER
THROUGH IMPROVED TRAINING.
(a) Short Title.--This section may be cited as the ``Department of
Veterans Affairs Post-Traumatic Stress Disorder Processing Claims
Improvement Act of 2023''.
(b) Formal Process for Conduct of Annual Analysis of Training Needs
Based on Trends.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, acting
through the Under Secretary for Benefits, shall establish a formal
process to analyze, on an annual basis, training needs of employees of
the Department who review claims for disability compensation for
service-connected post-traumatic stress disorder, based on identified
processing error trends.
(c) Formal Process for Conduct of Annual Studies to Support Annual
Analysis.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Under Secretary, shall establish a formal process to conduct,
on an annual basis, studies to help guide the process
established under subsection (b).
(2) Elements.--Each study conducted under paragraph (1)
shall cover the following:
(A) Military post-traumatic stress disorder
stressors.
(B) Decision-making claims for claims processors.
SEC. 1090C. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY ACT OF 2023.
(a) Short Title.--This section may be cited as the ``U.S. Hostage
and Wrongful Detainee Day Act of 2023''.
(b) Designation.--
(1) Hostage and wrongful detainee day.--
(A) In general.--Chapter 1 of title 36, United
States Code, is amended--
(i) by redesignating the second section 146
(relating to Choose Respect Day) as section
147; and
(ii) by adding at the end the following:
``Sec. 148. U.S. Hostage and Wrongful Detainee Day
``(a) Designation.--March 9 is U.S. Hostage and Wrongful Detainee
Day.
``(b) Proclamation.--The President is requested to issue each year
a proclamation calling on the people of the United States to observe
U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and
activities.''.
(B) Technical and conforming amendment.--The table
of sections for chapter 1 of title 36, United States
Code, is amended by striking the item relating to the
second section 146 and inserting the following new
items:
``147. Choose Respect Day.
``148. U.S. Hostage and Wrongful Detainee Day.''.
(2) Hostage and wrongful detainee flag.--
(A) In general.--Chapter 9 of title 36, United
States Code, is amended by adding at the end the
following new section:
``Sec. 904. Hostage and Wrongful Detainee flag
``(a) Designation.--The Hostage and Wrongful Detainee flag
championed by the Bring Our Families Home Campaign is designated as the
symbol of the commitment of the United States to recognizing, and
prioritizing the freedom of, citizens and lawful permanent residents of
the United States held as hostages or wrongfully detained abroad.
``(b) Required Display.--
``(1) In general.--The Hostage and Wrongful Detainee flag
shall be displayed at the locations specified in paragraph (3)
on the days specified in paragraph (2).
``(2) Days specified.--The days specified in this paragraph
are the following:
``(A) U.S. Hostage and Wrongful Detainee Day, March
9.
``(B) Flag Day, June 14.
``(C) Independence Day, July 4.
``(D) Any day on which a citizen or lawful
permanent resident of the United States--
``(i) returns to the United States from
being held hostage or wrongfully detained
abroad; or
``(ii) dies while being held hostage or
wrongfully detained abroad.
``(3) Locations specified.--The locations specified in this
paragraph are the following:
``(A) The Capitol.
``(B) The White House.
``(C) The buildings containing the official office
of--
``(i) the Secretary of State; and
``(ii) the Secretary of Defense.
``(c) Display To Be in a Manner Visible to the Public.--Display of
the Hostage and Wrongful Detainee flag pursuant to this section shall
be in a manner designed to ensure visibility to the public.
``(d) Limitation.--This section may not be construed or applied so
as to require any employee to report to work solely for the purpose of
providing for the display of the Hostage and Wrongful Detainee flag.''.
(B) Technical and conforming amendment.--The table
of sections for chapter 9 of title 36, United States
Code, is amended by adding at the end the following:
``904. Hostage and Wrongful Detainee flag.''.
SEC. 1090D. PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT GRANT FUNDS
TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL
PROPERTY RIGHTS OF UNITED STATES ENTITIES.
(a) In General.--During the period beginning on the date that is 30
days after the date of the enactment of this section, amounts provided
as project grants under subchapter I of chapter 471 of title 49, United
States Code, may not be used to enter into a contract described in
subsection (b) with any entity on the list required by subsection (c).
(b) Contract Described.--A contract described in this subsection is
a contract or other agreement for the procurement of infrastructure or
equipment for a passenger boarding bridge at an airport.
(c) List Required.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, and thereafter as required by paragraph
(2), the United States Trade Representative, and the
Administrator of the Federal Aviation Administration shall make
available to the Administrator of the Federal Aviation
Administration a publicly-available a list of entities
manufacturing airport passenger boarding infrastructure or
equipment that--
(A) are owned, directed by, or subsidized in whole,
or in part by the People's Republic of China;
(B) have been determined by a Federal court to have
misappropriated intellectual property or trade secrets
from an entity organized under the laws of the United
States or any jurisdiction within the United States;
(C) own or control, are owned or controlled by, are
under common ownership or control with, or are
successors to, an entity described in subparagraph (A);
(D) own or control, are under common ownership or
control with, or are successors to, an entity described
in subparagraph (A); or
(E) have entered into an agreement with or accepted
funding from, whether in the form of minority
investment interest or debt, have entered into a
partnership with, or have entered into another
contractual or other written arrangement with, an
entity described in subparagraph (A).
(2) Updates to list.--The United States Trade
Representative shall update the list required by paragraph (1),
based on information provided by the Administrator of the
Federal Aviation Administration, in consultation with the
Attorney General--
(A) not less frequently than every 90 days during
the 180-day period following the initial publication of
the list under paragraph (1); and
(B) not less frequently than annually thereafter.
(d) Definitions.--In this section, the definitions in section 47102
of title 49, United States Code, shall apply.
SEC. 1090E. CONDUCT OF WINTER SEASON RECONNAISSANCE OF ATMOSPHERIC
RIVERS IN THE WESTERN UNITED STATES.
(a) Conduct of Reconnaissance.--
(1) In general.--Subject to the availability of
appropriations, the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve Command and the Administrator of the National
Oceanic and Atmospheric Administration may use aircraft,
personnel, and equipment necessary to meet the mission
requirements of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve Command and the National Oceanic and
Atmospheric Administration if those aircraft, personnel, and
equipment are not otherwise needed for hurricane monitoring and
response.
(2) Activities.--In carrying out paragraph (1), the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve
Command, in consultation with the Administrator of the National
Oceanic and Atmospheric Administration and appropriate line
offices of the National Oceanic and Atmospheric Administration,
may--
(A) improve the accuracy and timeliness of
observations to support the forecast and warning
services of the National Weather Service for the coasts
of the United States;
(B) collect data in data-sparse regions where
conventional, upper-air observations are lacking;
(C) support water management decisions and flood
forecasting through the execution of targeted airborne
dropsonde, buoys, autonomous platform observations,
satellite observations, remote sensing observations,
and other observation platforms as appropriate,
including enhanced assimilation of the data from those
observations over the eastern, central, and western
north Pacific Ocean, the Gulf of Mexico, and the
western Atlantic Ocean to improve forecasts of large
storms for civil authorities and military decision
makers;
(D) participate in the research and operations
partnership that guides flight planning and uses
research methods to improve and expand the capabilities
and effectiveness of weather reconnaissance over time;
and
(E) undertake such other additional activities as
the Administrator of the National Oceanic and
Atmospheric Administration, in collaboration with the
53rd Weather Reconnaissance Squadron, considers
appropriate to further prediction of dangerous weather
events.
(b) Reports.--
(1) Air force.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Air Force, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration,
shall submit to the appropriate committees of Congress
a comprehensive report on the resources necessary for
the 53rd Weather Reconnaissance Squadron of the Air
Force Reserve Command to continue to support, through
December 31, 2035--
(i) the National Hurricane Operations Plan;
(ii) the National Winter Season Operations
Plan; and
(iii) any other operational requirements
relating to weather reconnaissance.
(B) Appropriate committees of congress.--In this
paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Armed Services of the
Senate;
(ii) the Subcommittee on Defense of the
Committee on Appropriations of the Senate;
(iii) the Committee on Commerce, Science,
and Transportation of the Senate;
(iv) the Committee on Science, Space, and
Technology of the House of Representatives;
(v) the Committee on Armed Services of the
House of Representatives; and
(vi) the Subcommittee on Defense of the
Committee on Appropriations of the House of
Representatives.
(2) Commerce.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and Technology
of the House of Representatives a comprehensive report on the
resources necessary for the National Oceanic and Atmospheric
Administration to continue to support, through December 31,
2035--
(A) the National Hurricane Operations Plan;
(B) the National Winter Season Operations Plan; and
(C) any other operational requirements relating to
weather reconnaissance.
SEC. 1090F. NATIONAL COLD WAR CENTER DESIGNATION.
(a) Purposes.--The purposes of this section are--
(1) to designate the museum located at Blytheville/Eaker
Air Force Base in Blytheville, Arkansas, including its future
and expanded exhibits, collections, and educational programs,
as a ``National Cold War Center'';
(2) to recognize the preservation, maintenance, and
interpretation of the artifacts, documents, images, and history
collected by the Center;
(3) to enhance the knowledge of the American people of the
experience of the United States during the Cold War years; and
(4) to ensure that all future generations understand the
sacrifices made to preserve freedom and democracy, and the
benefits of peace for all future generations in the 21st
century and beyond.
(b) Designation.--
(1) In general.--The museum located at Blytheville/Eaker
Air Force Base in Blytheville, Arkansas, is designated as a
``National Cold War Center''.
(2) Rule of construction.--Nothing in this section shall
preclude the designation of other national centers or museums
in the United States interpreting the Cold War.
(c) Effect of Designation.--The National Cold War Center designated
by this section is not a unit of the National Park System, and the
designation of the center as a National Cold War Center shall not be
construed to require or permit Federal funds to be expended for any
purpose related to the designation made by this section.
SEC. 1090G. SEMICONDUCTOR PROGRAM.
Title XCIX of division H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651
et seq.) is amended--
(1) in section 9902 (15 U.S.C. 4652)--
(A) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(B) by inserting after subsection (g) the
following:
``(h) Authority Relating to Environmental Review.--
``(1) In general.--Notwithstanding any other provision of
law, the provision by the Secretary of Federal financial
assistance for a project described in this section that
satisfies the requirements under subsection (a)(2)(C)(i) of
this section shall not be considered to be a major Federal
action under NEPA or an undertaking for the purposes of
division A of subtitle III of title 54, United States Code,
if--
``(A) the activity described in the application for
that project has commenced not later than 1 year after
the date of enactment of the National Defense
Authorization Act for Fiscal Year 2024;
``(B) the Federal financial assistance provided is
in the form of a loan or loan guarantee; or
``(C) the Federal financial assistance provided,
excluding any loan or loan guarantee, comprises not
more than 10 percent of the total estimated cost of the
project.
``(2) Savings clause.--Nothing in this subsection may be
construed as altering whether an activity described in
subparagraph (A), (B), or (C) of paragraph (1) is considered to
be a major Federal action under NEPA, or an undertaking under
division A of subtitle III of title 54, United States Code, for
a reason other than that the activity is eligible for Federal
financial assistance provided under this section.''; and
(2) in section 9909 (15 U.S.C. 4659), by adding at the end
the following:
``(c) Lead Federal Agency and Cooperating Agencies.--
``(1) Definition.--In this subsection, the term `lead
agency' has the meaning given the term in section 111 of NEPA.
``(2) Option to serve as lead agency.--With respect to a
covered activity that is a major Federal action under NEPA, and
with respect to which the Department of Commerce is authorized
or required by law to issue an authorization or take action for
or relating to that covered activity, the Department of
Commerce shall have the first right to serve as the lead agency
with respect to that covered activity under NEPA.
``(d) Categorical Exclusions.--
``(1) Establishment of categorical exclusions.--Each of the
following categorical exclusions is established for the
National Institute of Standards and Technology with respect to
a covered activity and, beginning on the date of enactment of
this subsection, is available for use by the Secretary with
respect to a covered activity:
``(A) Categorical exclusion 17.04.d (relating to
the acquisition of machinery and equipment) in the
document entitled `EDA Program to Implement the
National Environmental Policy Act of 1969 and Other
Federal Environmental Mandates As Required' (Directive
No. 17.02-2; effective date October 14, 1992).
``(B) Categorical exclusion A9 in Appendix A to
subpart D of part 1021 of title 10, Code of Federal
Regulations, or any successor regulation.
``(C) Categorical exclusions B1.24, B1.31, B2.5,
and B5.1 in Appendix B to subpart D of part 1021 of
title 10, Code of Federal Regulations, or any successor
regulation.
``(D) The categorical exclusions described in
paragraphs (4) and (13) of section 50.19(b) of title
24, Code of Federal Regulations, or any successor
regulation.
``(E) Categorical exclusion (c)(1) in Appendix B to
part 651 of title 32, Code of Federal Regulations, or
any successor regulation.
``(F) Categorical exclusions A2.3.8 and A2.3.14 in
Appendix B to part 989 of title 32, Code of Federal
Regulations, or any successor regulation.
``(2) Additional categorical exclusions.--Notwithstanding
any other provision of law, each of the following shall be
treated as a category of action categorically excluded from the
requirements relating to environmental assessments and
environmental impact statements under section 1501.4 of title
40, Code of Federal Regulations, or any successor regulation:
``(A) The provision by the Secretary of any Federal
financial assistance for a project described in section
9902, if the facility that is the subject of the
project is on or adjacent to a site--
``(i) that is owned or leased by the
covered entity to which Federal financial
assistance is provided for that project; and
``(ii) on which, as of the date on which
the Secretary provides that Federal financial
assistance, substantially similar construction,
expansion, or modernization is being or has
been carried out, such that the facility would
not more than double existing developed acreage
or on-site supporting infrastructure.
``(B) The provision by the Secretary of Defense of
any Federal financial assistance relating to--
``(i) the creation, expansion, or
modernization of one or more facilities
described in the second sentence of section
9903(a)(1); or
``(ii) carrying out section 9903(b), as in
effect on the date of enactment of this
subsection.
``(C) Any activity undertaken by the Secretary
relating to carrying out section 9906, as in effect on
the date of enactment of this subsection.
``(e) Incorporation of Prior Planning Decisions.--
``(1) Definition.--In this subsection, the term `prior
studies and decisions' means baseline data, planning documents,
studies, analyses, decisions, and documentation that a Federal
agency has completed for a project (or that have been completed
under the laws and procedures of a State or Indian Tribe),
including for determining the reasonable range of alternatives
for that project.
``(2) Reliance on prior studies and decisions.--In
completing an environmental review under NEPA for a covered
activity, the Secretary may consider and, as appropriate, rely
on or adopt prior studies and decisions, if the Secretary
determines that--
``(A) those prior studies and decisions meet the
standards for an adequate statement, assessment, or
determination under applicable procedures of the
Department of Commerce implementing the requirements of
NEPA;
``(B) in the case of prior studies and decisions
completed under the laws and procedures of a State or
Indian Tribe, those laws and procedures are of equal or
greater rigor than those of each applicable Federal
law, including NEPA, implementing procedures of the
Department of Commerce; or
``(C) if applicable, the prior studies and
decisions are informed by other analysis or
documentation that would have been prepared if the
prior studies and decisions were prepared by the
Secretary under NEPA.
``(f) Definitions.--In this section:
``(1) Covered activity.--The term `covered activity' means
any activity relating to the construction, expansion, or
modernization of a facility, the investment in which is
eligible for Federal financial assistance under section 9902 or
9906.
``(2) NEPA.--The term `NEPA' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 1090H. PROHIBITION OF DEMAND FOR BRIBE.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `foreign official' means--
``(A)(i) any official or employee of a foreign
government or any department, agency, or
instrumentality thereof; or
``(ii) any senior foreign political figure, as
defined in section 1010.605 of title 31, Code of
Federal Regulations, or any successor regulation;
``(B) any official or employee of a public
international organization;
``(C) any person acting in an official capacity for
or on behalf of--
``(i) a government, department, agency, or
instrumentality described in subparagraph
(A)(i); or
``(ii) a public international organization;
or
``(D) any person acting in an unofficial capacity
for or on behalf of--
``(i) a government, department, agency, or
instrumentality described in subparagraph
(A)(i); or
``(ii) a public international organization;
and
``(5) the term `public international organization' means--
``(A) an organization that is designated by
Executive order pursuant to section 1 of the
International Organizations Immunities Act (22 U.S.C.
288); or
``(B) any other international organization that is
designated by the President by Executive order for the
purposes of this section, effective as of the date of
publication of such order in the Federal Register.'';
and
(2) by adding at the end the following:
``(f) Prohibition of Demand for a Bribe.--
``(1) Offense.--It shall be unlawful for any foreign
official or person selected to be a foreign official to
corruptly demand, seek, receive, accept, or agree to receive or
accept, directly or indirectly, anything of value personally or
for any other person or nongovernmental entity, by making use
of the mails or any means or instrumentality of interstate
commerce, from any person (as defined in section 104A of the
Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3),
except that that definition shall be applied without regard to
whether the person is an offender) while in the territory of
the United States, from an issuer (as defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or
from a domestic concern (as defined in section 104 of the
Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2)), in
return for--
``(A) being influenced in the performance of any
official act;
``(B) being induced to do or omit to do any act in
violation of the official duty of such foreign official
or person; or
``(C) conferring any improper advantage,
in connection with obtaining or retaining business for or with,
or directing business to, any person.
``(2) Penalties.--Any person who violates paragraph (1)
shall be fined not more than $250,000 or 3 times the monetary
equivalent of the thing of value, imprisoned for not more than
15 years, or both.
``(3) Jurisdiction.--An offense under paragraph (1) shall
be subject to extraterritorial Federal jurisdiction.
``(4) Report.--Not later than 1 year after the date of
enactment of the Foreign Extortion Prevention Act, and annually
thereafter, the Attorney General, in consultation with the
Secretary of State as relevant, shall submit to the Committee
on the Judiciary and the Committee on Foreign Relations of the
Senate and the Committee on the Judiciary and the Committee on
Foreign Affairs of the House of Representatives, and post on
the publicly available website of the Department of Justice, a
report--
``(A) focusing, in part, on demands by foreign
officials for bribes from entities domiciled or
incorporated in the United States, and the efforts of
foreign governments to prosecute such cases;
``(B) addressing United States diplomatic efforts
to protect entities domiciled or incorporated in the
United States from foreign bribery, and the
effectiveness of those efforts in protecting such
entities;
``(C) summarizing major actions taken under this
section in the previous year, including enforcement
actions taken and penalties imposed;
``(D) evaluating the effectiveness of the
Department of Justice in enforcing this section; and
``(E) detailing what resources or legislative
action the Department of Justice needs to ensure
adequate enforcement of this section.
``(5) Rule of construction.--This subsection shall not be
construed as encompassing conduct that would violate section
30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1)
or section 104 or 104A of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2; 15 U.S.C. 78dd-3) whether pursuant to a
theory of direct liability, conspiracy, complicity, or
otherwise.''.
SEC. 1090I. STUDIES AND REPORTS ON TREATMENT OF SERVICE OF CERTAIN
MEMBERS OF THE ARMED FORCES WHO SERVED IN FEMALE CULTURAL
SUPPORT TEAMS.
(a) Findings.--Congress finds the following:
(1) In 2010, the Commander of United States Special
Operations Command established the Cultural Support Team
Program to overcome significant intelligence gaps during the
Global War on Terror.
(2) From 2010 through 2021, approximately 310 female
members, from every Armed Force, passed and were selected as
members of female cultural support teams, and deployed with
special operations forces.
(3) Members of female cultural support teams served
honorably, demonstrated commendable courage, overcame such
intelligence gaps, engaged in direct action, and suffered
casualties during the Global War on Terror.
(4) The Federal Government has a duty to recognize members
and veterans of female cultural support teams who volunteered
to join the Armed Forces, to undergo arduous training for
covered service, and to execute dangerous and classified
missions in the course of such covered service.
(5) Members who performed covered service have sought
treatment from the Department of Veterans Affairs for traumatic
brain injuries, post-traumatic stress, and disabling physical
trauma incurred in the course of such covered service, but have
been denied such care.
(b) Sense of Congress.--It is the Sense of Congress that--
(1) individuals who performed covered service performed
exceptional service to the United States; and
(2) the Secretary of Defense should ensure that the
performance of covered service is included in the military
service record of each individual who performed covered service
so that those with service-connected injuries can receive
proper care and benefits for their service.
(c) Secretary of Defense Study and Report.--
(1) In general.--Not later than March 31, 2024, the
Secretary of Defense shall--
(A) carry out a study on the treatment of covered
service for purposes of retired pay under laws
administered by the Secretary; and
(B) submit to the appropriate committees of
Congress a report on the findings of the Secretary with
respect to the study carried out under paragraph (1).
(2) List.--The report submitted under paragraph (1)(B)
shall include a list of each individual who performed covered
service whose military service record should be modified on
account of covered service.
(d) Secretary of Veterans Affairs Study and Report.--
(1) In general.--Not later than March 31, 2024, the
Secretary of Veterans Affairs shall--
(A) carry out a study on the treatment of covered
service for purposes of compensation under laws
administered by the Secretary; and
(B) submit to the appropriate committees of
Congress a report on the findings of the Secretary with
respect to the study carried out under paragraph (1).
(2) Contents.--The report submitted under paragraph (1)(B)
shall include the following:
(A) A list of each veteran who performed covered
service whose claim for disability compensation under a
law administered by the Secretary was denied due to the
inability of the Department of Veterans Affairs to
determine the injury was service-connected.
(B) An estimate of the cost that would be incurred
by the Department to provide veterans described in
subparagraph (A) with the health care and benefits they
are entitled to under the laws administered by the
Secretary on account of their covered service.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(2) Covered service.--The term ``covered service'' means
service--
(A) as a member of the Armed Forces;
(B) in a female cultural support team;
(C) with the personnel development skill identifier
of R2J or 5DK, or any other validation methods, such as
valid sworn statements, officer and enlisted
performance evaluations, training certificates, or
records of an award from completion of tour with a
cultural support team; and
(D) during the period beginning on January 1, 2010,
and ending on August 31, 2021.
SEC. 1090J. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS ABUSES IN
SOURCING CRITICAL MINERALS.
(a) In General.--The Secretary of State shall seek to convene a
meeting of foreign leaders to establish a multilateral framework to end
human rights abuses, including the exploitation of forced labor and
child labor, related to the mining and sourcing of critical minerals.
(b) Implementation Report.--The Secretary shall lead the
development of an annual global report on the implementation of the
framework under subsection (a), including progress and recommendations
to fully end human rights abuses, including the exploitation of forced
labor and child labor, related to the extraction of critical minerals
around the world.
(c) Consultations.--The Secretary shall consult closely on a timely
basis with the following with respect to developing and implementing
the framework under subsection (a):
(1) The Forced Labor Enforcement Task Force established
under section 741 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4681); and
(2) Congress.
(d) Relationship to United States Law.--Nothing in the framework
under subsection (a) shall be construed--
(1) to amend or modify any law of the United States; or
(2) to limit any authority conferred under any law of the
United States.
(e) Extractive Industries Transparency Initiative and Certain
Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection
Act.--Nothing in this section shall--
(1) affect the authority of the President to take any
action to join and subsequently comply with the terms and
obligations of the Extractive Industries Transparency
Initiative (EITI); or
(2) affect section 1502 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (15 U.S.C. 78m note), or
subsection (q) of section 13 of the Securities Exchange Act of
1934 (15 U.S.C. 78m), as added by section 1504 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public
Law 111-203; 124 Stat. 2220), or any rule prescribed under
either such section.
(f) Critical Mineral Defined.--In this section, the term ``critical
mineral'' has the meaning given the term in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a)).
SEC. 1090K. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Section 484C(a) of the Higher Education Act of 1965 (20 U.S.C.
1091c(a)) is amended to read as follows:
``(a) Definition of Service in the Uniformed Services.--In this
section, the term `service in the uniformed services' means service
(whether voluntary or involuntary) on active duty in the Armed Forces,
including such service by a member of the National Guard or Reserve.''.
Subtitle H--Drone Security
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone Act of
2023''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council and
published in the System for Award Management (SAM). This list
will include entities in the following categories:
(A) An entity included on the Consolidated
Screening List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Attorney General, Director of
National Intelligence, and the Secretary of Defense,
determines poses a national security risk.
(D) Any entity domiciled in the People's Republic
of China or subject to influence or control by the
Government of the People's Republic of China or the
Communist Party of the People's Republic of China, as
determined by the Secretary of Homeland Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the
meanings given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1093. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b) through
(f), the head of an executive agency may not procure any covered
unmanned aircraft system that is manufactured or assembled by a covered
foreign entity, which includes associated elements related to the
collection and transmission of sensitive information (consisting of
communication links and the components that control the unmanned
aircraft) that enable the operator to operate the aircraft in the
National Airspace System. The Federal Acquisition Security Council, in
coordination with the Secretary of Transportation, shall develop and
update a list of associated elements.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
procurement is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation or procurement is necessary for the sole purpose of
conducting safety investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 1094. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is two years
after the date of the enactment of this Act, no Federal
department or agency may operate a covered unmanned aircraft
system manufactured or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through the
method of contracting for the services of covered unmanned
aircraft systems.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
operation is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation is deemed to
support the safe, secure, or efficient operation of the National
Airspace System or maintenance of public safety, including activities
carried out under the Federal Aviation Administration's Alliance for
System Safety of UAS through Research Excellence (ASSURE) Center of
Excellence (COE) and any other activity deemed to support the safe,
secure, or efficient operation of the National Airspace System or
maintenance of public safety, as determined by the Secretary or the
Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation is necessary for the sole purpose of conducting safety
investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) Regulations and Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Attorney General and the Secretary of
Transportation, shall prescribe regulations or guidance to implement
this section.
SEC. 1095. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT AND
OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM
COVERED FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is two years after the
date of the enactment of this Act, except as provided in subsection
(b), no Federal funds awarded through a contract, grant, or cooperative
agreement, or otherwise made available may be used--
(1) to procure a covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
procurement or operation is required in the national interest of the
United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the operation or
procurement is necessary for the purpose of meeting NOAA's science or
management objectives or operational mission.
(e) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
prescribe regulations or guidance, as necessary, to implement the
requirements of this section pertaining to Federal contracts.
SEC. 1096. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE CARDS TO
PURCHASE COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED
FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may not be
used to procure any covered unmanned aircraft system from a covered
foreign entity.
SEC. 1097. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--All executive agencies must account for existing
inventories of covered unmanned aircraft systems manufactured or
assembled by a covered foreign entity in their personal property
accounting systems, within one year of the date of enactment of this
Act, regardless of the original procurement cost, or the purpose of
procurement due to the special monitoring and accounting measures
necessary to track the items' capabilities.
(b) Classified Tracking.--Due to the sensitive nature of missions
and operations conducted by the United States Government, inventory
data related to covered unmanned aircraft systems manufactured or
assembled by a covered foreign entity may be tracked at a classified
level, as determined by the Secretary of Homeland Security or the
Secretary's designee.
(c) Exceptions.--The Department of Defense, the Department of
Homeland Security, the Department of Justice, the Department of
Transportation, and the National Oceanic and Atmospheric Administration
may exclude from the full inventory process, covered unmanned aircraft
systems that are deemed expendable due to mission risk such as recovery
issues, or that are one-time-use covered unmanned aircraft due to
requirements and low cost.
SEC. 1098. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the amount of commercial off-the-shelf drones and
covered unmanned aircraft systems procured by Federal departments and
agencies from covered foreign entities.
SEC. 1099. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in coordination with the Department of Homeland Security,
Department of Transportation, the Department of Justice, and other
Departments as determined by the Director of the Office of Management
and Budget, and in consultation with the National Institute of
Standards and Technology, shall establish a government-wide policy for
the procurement of an unmanned aircraft system--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into
with non-Federal entities.
(b) Information Security.--The policy developed under subsection
(a) shall include the following specifications, which to the extent
practicable, shall be based on industry standards and technical
guidance from the National Institute of Standards and Technology, to
address the risks associated with processing, storing, and transmitting
Federal information in an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned
aircraft system.
(2) Protecting software, firmware, and hardware by ensuring
changes to an unmanned aircraft system are properly managed,
including by ensuring an unmanned aircraft system can be
updated using a secure, controlled, and configurable mechanism.
(3) Cryptographically securing sensitive collected, stored,
and transmitted data, including proper handling of privacy data
and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of an unmanned
aircraft system.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading,
or transmitting of data that is not required by law or
regulation and an ability to choose with whom and where
information is shared when it is required.
(c) Requirement.--The policy developed under subsection (a) shall
reflect an appropriate risk-based approach to information security
related to use of an unmanned aircraft system.
(d) Revision of Acquisition Regulations.--Not later than 180 days
after the date on which the policy required under subsection (a) is
issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to implement
the policy; and
(2) any Federal department or agency or other Federal
entity not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement the
policy.
(e) Exemption.--In developing the policy required under subsection
(a), the Director of the Office of Management and Budget shall--
(1) incorporate policies to implement the exemptions
contained in this subtitle; and
(2) incorporate an exemption to the policy in the case of a
head of the procuring department or agency determining, in
writing, that no product that complies with the information
security requirements described in subsection (b) is capable of
fulfilling mission critical performance requirements, and such
determination--
(A) may not be delegated below the level of the
Deputy Secretary, or Administrator, of the procuring
department or agency;
(B) shall specify--
(i) the quantity of end items to which the
waiver applies and the procurement value of
those items; and
(ii) the time period over which the waiver
applies, which shall not exceed three years;
(C) shall be reported to the Office of Management
and Budget following issuance of such a determination;
and
(D) not later than 30 days after the date on which
the determination is made, shall be provided to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform
of the House of Representatives.
SEC. 1099A. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND EMERGENCY
SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this subtitle shall prevent a
State, local, or territorial law enforcement or emergency service
agency from procuring or operating a covered unmanned aircraft system
purchased with non-Federal dollars.
(b) Continuity of Arrangements.--The Federal Government may
continue entering into contracts, grants, and cooperative agreements or
other Federal funding instruments with State, local, or territorial law
enforcement or emergency service agencies under which a covered
unmanned aircraft system will be purchased or operated if the agency
has received approval or waiver to purchase or operate a covered
unmanned aircraft system pursuant to section 1095.
SEC. 1099B. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall provide to the
appropriate congressional committees a report on the supply
chain for covered unmanned aircraft systems, including a
discussion of current and projected future demand for covered
unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current and future global
and domestic market for covered unmanned aircraft
systems that are not widely commercially available
except from a covered foreign entity.
(B) A description of the sustainability,
availability, cost, and quality of secure sources of
covered unmanned aircraft systems domestically and from
sources in allied and partner countries.
(C) The plan of the Secretary of Defense to address
any gaps or deficiencies identified in subparagraph
(B), including through the use of funds available under
the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.) and partnerships with the National Aeronautics
and Space Administration and other interested persons.
(D) Such other information as the Under Secretary
of Defense for Acquisition and Sustainment determines
to be appropriate.
(3) Appropriate congressional committees defined.--In this
section the term ``appropriate congressional committees''
means:
(A) The Committees on Armed Services of the Senate
and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(E) The Committee on Transportation and
Infrastructure of the House of Representatives.
(F) The Committee on Homeland Security of the House
of Representatives.
SEC. 1099C. EXCEPTIONS.
(a) Exception for Wildfire Management Operations and Search and
Rescue Operations.--The appropriate Federal agencies, in consultation
with the Secretary of Homeland Security, are exempt from the
procurement and operation restrictions under sections 1093, 1094, and
1095 to the extent the procurement or operation is necessary for the
purpose of supporting the full range of wildfire management operations
or search and rescue operations.
(b) Exception for Intelligence Activities.--The elements of the
intelligence community, in consultation with the Director of National
Intelligence, are exempt from the procurement and operation
restrictions under sections 1093, 1094, and 1095 to the extent the
procurement or operation is necessary for the purpose of supporting
intelligence activities.
(c) Exception for Tribal Law Enforcement or Emergency Service
Agency.--Tribal law enforcement or Tribal emergency service agencies,
in consultation with the Secretary of Homeland Security, are exempt
from the procurement, operation, and purchase restrictions under
sections 1093, 1094, and 1095 to the extent the procurement or
operation is necessary for the purpose of supporting the full range of
law enforcement operations or search and rescue operations on Indian
lands.
SEC. 1099D. SUNSET.
Sections 1093, 1094, and 1095 shall cease to have effect on the
date that is five years after the date of the enactment of this Act.
Subtitle I--Radiation Exposure Compensation Act
PART I--MANHATTAN PROJECT WASTE
SEC. 1099AA. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
(a) Short Title.--This section may be cited as the ``Radiation
Exposure Compensation Expansion Act''.
(b) Claims Relating to Manhattan Project Waste.--The Radiation
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is
amended by inserting after section 5 the following:
``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
``(a) In General.--A claimant shall receive compensation for a
claim made under this Act, as described in subsection (b) or (c), if--
``(1) a claim for compensation is filed with the Attorney
General--
``(A) by an individual described in paragraph (2);
or
``(B) on behalf of that individual by an authorized
agent of that individual, if the individual is deceased
or incapacitated, such as--
``(i) an executor of estate of that
individual; or
``(ii) a legal guardian or conservator of
that individual;
``(2) that individual, or if applicable, an authorized
agent of that individual, demonstrates that the individual--
``(A) was physically present in an affected area
for a period of at least 2 years after January 1, 1949;
and
``(B) contracted a specified disease after such
period of physical presence;
``(3) the Attorney General certifies that the identity of
that individual, and if applicable, the authorized agent of
that individual, is not fraudulent or otherwise misrepresented;
and
``(4) the Attorney General determines that the claimant has
satisfied the applicable requirements of this Act.
``(b) Losses Available to Living Affected Individuals.--
``(1) In general.--In the event of a claim qualifying for
compensation under subsection (a) that is submitted to the
Attorney General to be eligible for compensation under this
section at a time when the individual described in subsection
(a)(2) is living, the amount of compensation under this section
shall be in an amount that is the greater of $50,000 or the
total amount of compensation for which the individual is
eligible under paragraph (2).
``(2) Losses due to medical expenses.--A claimant described
in paragraph (1) shall be eligible to receive, upon submission
of contemporaneous written medical records, reports, or billing
statements created by or at the direction of a licensed medical
professional who provided contemporaneous medical care to the
claimant, additional compensation in the amount of all
documented out-of-pocket medical expenses incurred as a result
of the specified disease suffered by that claimant, such as any
medical expenses not covered, paid for, or reimbursed through--
``(A) any public or private health insurance;
``(B) any employee health insurance;
``(C) any workers' compensation program; or
``(D) any other public, private, or employee health
program or benefit.
``(c) Payments to Beneficiaries of Deceased Individuals.--In the
event that an individual described in subsection (a)(2) who qualifies
for compensation under subsection (a) is deceased at the time of
submission of the claim--
``(1) a surviving spouse may, upon submission of a claim
and records sufficient to satisfy the requirements of
subsection (a) with respect to the deceased individual, receive
compensation in the amount of $25,000; or
``(2) in the event that there is no surviving spouse, the
surviving children, minor or otherwise, of the deceased
individual may, upon submission of a claim and records
sufficient to satisfy the requirements of subsection (a) with
respect to the deceased individual, receive compensation in the
total amount of $25,000, paid in equal shares to each surviving
child.
``(d) Affected Area.--For purposes of this section, the term
`affected area' means, in the State of Missouri, the ZIP Codes of
63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044,
63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and
63367.
``(e) Specified Disease.--For purposes of this section, the term
`specified disease' means any of the following:
``(1) Any leukemia, other than chronic lymphocytic
leukemia, provided that the initial exposure occurred after the
age of 20 and the onset of the disease was at least 2 years
after first exposure.
``(2) Any of the following diseases, provided that the
onset was at least 2 years after the initial exposure:
``(A) Multiple myeloma.
``(B) Lymphoma, other than Hodgkin's disease.
``(C) Type 1 or type 2 diabetes.
``(D) Systemic lupus erythematosus.
``(E) Multiple sclerosis.
``(F) Hashimoto's disease.
``(G) Primary cancer of the--
``(i) thyroid;
``(ii) male or female breast;
``(iii) esophagus;
``(iv) stomach;
``(v) pharynx;
``(vi) small intestine;
``(vii) pancreas;
``(viii) bile ducts;
``(ix) gall bladder;
``(x) salivary gland;
``(xi) urinary bladder;
``(xii) brain;
``(xiii) colon;
``(xiv) ovary;
``(xv) liver, except if cirrhosis or
hepatitis B is indicated;
``(xvi) lung;
``(xvii) bone; or
``(xviii) kidney.
``(f) Physical Presence.--For purposes of this section, the
Attorney General shall not determine that a claimant has satisfied the
requirements of subsection (a) unless demonstrated by submission of
contemporaneous written residential documentation and at least one
additional employer-issued or government-issued document or record that
the claimant, for a period of at least 2 years after January 1, 1949,
was physically present in an affected area.
``(g) Disease Contraction in Affected Areas.--For purposes of this
section, the Attorney General shall not determine that a claimant has
satisfied the requirements of subsection (a) unless demonstrated by
submission of contemporaneous written medical records or reports
created by or at the direction of a licensed medical professional who
provided contemporaneous medical care to the claimant, that the
claimant, after such period of physical presence, contracted a
specified disease.''.
PART II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING
SEC. 1099BB. SHORT TITLE.
This part may be cited as the ``Radiation Exposure Compensation Act
Amendments of 2023''.
SEC. 1099CC. REFERENCES.
Except as otherwise specifically provided, whenever in this part an
amendment or repeal is expressed in terms of an amendment to or repeal
of a section or other provision of law, the reference shall be
considered to be made to a section or other provision of the Radiation
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).
SEC. 1099DD. EXTENSION OF FUND.
Section 3(d) is amended--
(1) by striking the first sentence and inserting ``The Fund
shall terminate 19 years after the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2023.''; and
(2) by striking ``2-year'' and inserting ``19-year''.
SEC. 1099EE. CLAIMS RELATING TO ATMOSPHERIC TESTING.
(a) Leukemia Claims Relating to Trinity Test in New Mexico and
Tests at the Nevada Site and in the Pacific.--Section 4(a)(1)(A) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``October 31,
1958'' and inserting ``November 6, 1962'';
(B) in subclause (II)--
(i) by striking ``in the affected area''
and inserting ``in an affected area''; and
(ii) by striking ``or'' after the
semicolon;
(C) by redesignating subclause (III) as subclause
(V); and
(D) by inserting after subclause (II) the
following:
``(III) was physically present in an
affected area for a period of at least 1 year
during the period beginning on September 24,
1944, and ending on November 6, 1962;
``(IV) was physically present in an
affected area--
``(aa) for a period of at least 1
year during the period beginning on
July 1, 1946, and ending on November 6,
1962; or
``(bb) for the period beginning on
April 25, 1962, and ending on November
6, 1962; or''; and
(2) in clause (ii)(I), by striking ``physical presence
described in subclause (I) or (II) of clause (i) or onsite
participation described in clause (i)(III)'' and inserting
``physical presence described in subclause (I), (II), (III), or
(IV) of clause (i) or onsite participation described in clause
(i)(V)''.
(b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) is
amended--
(1) in subparagraph (A), by striking ``an amount'' and
inserting ``the amount''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Amount.--If the conditions described in
subparagraph (C) are met, an individual who is
described in subparagraph (A) shall receive
$150,000.''.
(c) Conditions for Claims Related to Leukemia.--Section 4(a)(1)(C)
is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(d) Specified Diseases Claims Relating to Trinity Test in New
Mexico and Tests at the Nevada Site and in the Pacific.--Section
4(a)(2) is amended--
(1) in subparagraph (A)--
(A) by striking ``in the affected area'' and
inserting ``in an affected area'';
(B) by striking ``2 years'' and inserting ``1
year''; and
(C) by striking ``October 31, 1958'' and inserting
``November 6, 1962'';
(2) in subparagraph (B)--
(A) by striking ``in the affected area'' and
inserting ``in an affected area''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (E);
and
(4) by inserting after subparagraph (B) the following:
``(C) was physically present in an affected area
for a period of at least 1 year during the period
beginning on September 24, 1944, and ending on November
6, 1962;
``(D) was physically present in an affected area--
``(i) for a period of at least 1 year
during the period beginning on July 1, 1946,
and ending on November 6, 1962; or
``(ii) for the period beginning on April
25, 1962, and ending on November 6, 1962; or''.
(e) Amounts for Claims Related to Specified Diseases.--Section
4(a)(2) is amended in the matter following subparagraph (E) (as
redesignated by subsection (d) of this section) by striking ``$50,000
(in the case of an individual described in subparagraph (A) or (B)) or
$75,000 (in the case of an individual described in subparagraph (C)),''
and inserting ``$150,000''.
(f) Medical Benefits.--Section 4(a) is amended by adding at the end
the following:
``(5) Medical benefits.--An individual receiving a payment
under this section shall be eligible to receive medical
benefits in the same manner and to the same extent as an
individual eligible to receive medical benefits under section
3629 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384t).''.
(g) Downwind States.--Section 4(b)(1) is amended to read as
follows:
``(1) `affected area' means--
``(A) except as provided under subparagraphs (B)
and (C), Arizona, Colorado, Idaho, Montana, Nevada, New
Mexico, Utah, and Guam;
``(B) with respect to a claim by an individual
under subsection (a)(1)(A)(i)(III) or subsection
(a)(2)(C), only New Mexico; and
``(C) with respect to a claim by an individual
under subsection (a)(1)(A)(i)(IV) or subsection
(a)(2)(D), only Guam.''.
(h) Chronic Lymphocytic Leukemia as a Specified Disease.--Section
4(b)(2) is amended by striking ``other than chronic lymphocytic
leukemia'' and inserting ``including chronic lymphocytic leukemia''.
SEC. 1099FF. CLAIMS RELATING TO URANIUM MINING.
(a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is
amended--
(1) by inserting ``(I)'' after ``(i)'';
(2) by striking ``December 31, 1971; and'' and inserting
``December 31, 1990; or''; and
(3) by adding at the end the following:
``(II) was employed as a core driller in a
State referred to in subclause (I) during the
period described in such subclause; and''.
(b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by inserting ``or
renal cancer or any other chronic renal disease, including nephritis
and kidney tubal tissue injury'' after ``nonmalignant respiratory
disease''.
(c) Millers, Core Drillers, and Ore Transporters.--Section
5(a)(1)(A)(ii)(II) is amended--
(1) by inserting ``, core driller,'' after ``was a
miller'';
(2) by inserting ``, or was involved in remediation efforts
at such a uranium mine or uranium mill,'' after ``ore
transporter'';
(3) by inserting ``(I)'' after ``clause (i)''; and
(4) by striking all that follows ``nonmalignant respiratory
disease'' and inserting ``or renal cancer or any other chronic
renal disease, including nephritis and kidney tubal tissue
injury; or''.
(d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is further
amended--
(1) by striking ``or'' at the end of subclause (I); and
(2) by adding at the end the following:
``(III)(aa) does not meet the conditions of
subclause (I) or (II);
``(bb) worked, during the period described
in clause (i)(I), in two or more of the
following positions: miner, miller, core
driller, and ore transporter;
``(cc) meets the requirements of paragraph
(4) or (5), or both; and
``(dd) submits written medical
documentation that the individual developed
lung cancer or a nonmalignant respiratory
disease or renal cancer or any other chronic
renal disease, including nephritis and kidney
tubal tissue injury after exposure to radiation
through work in one or more of the positions
referred to in item (bb);''.
(e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is
amended by striking ``December 31, 1971'' and inserting ``December 31,
1990''.
(f) Special Rules Relating to Combined Work Histories.--Section
5(a) is amended by adding at the end the following:
``(4) Special rule relating to combined work histories for
individuals with at least one year of experience.--An
individual meets the requirements of this paragraph if the
individual worked in one or more of the positions referred to
in paragraph (1)(A)(ii)(III)(bb) for a period of at least one
year during the period described in paragraph (1)(A)(i)(I).
``(5) Special rule relating to combined work histories for
miners.--An individual meets the requirements of this paragraph
if the individual, during the period described in paragraph
(1)(A)(i)(I), worked as a miner and was exposed to such number
of working level months that the Attorney General determines,
when combined with the exposure of such individual to radiation
through work as a miller, core driller, or ore transporter
during the period described in paragraph (1)(A)(i)(I), results
in such individual being exposed to a total level of radiation
that is greater or equal to the level of exposure of an
individual described in paragraph (4).''.
(g) Definition of Core Driller.--Section 5(b) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the term `core driller' means any individual employed
to engage in the act or process of obtaining cylindrical rock
samples of uranium or vanadium by means of a borehole drilling
machine for the purpose of mining uranium or vanadium.''.
SEC. 1099GG. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS;
REGULATIONS.
(a) Affidavits.--Section 6(b) is amended by adding at the end the
following:
``(3) Affidavits.--
``(A) Employment history.--For purposes of this
Act, the Attorney General shall accept a written
affidavit or declaration as evidence to substantiate
the employment history of an individual as a miner,
miller, core driller, or ore transporter if the
affidavit--
``(i) is provided in addition to other
material that may be used to substantiate the
employment history of the individual;
``(ii) attests to the employment history of
the individual;
``(iii) is made subject to penalty for
perjury; and
``(iv) is made by a person other than the
individual filing the claim.
``(B) Physical presence in affected area.--For
purposes of this Act, the Attorney General shall accept
a written affidavit or declaration as evidence to
substantiate an individual's physical presence in an
affected area during a period described in section
4(a)(1)(A)(i) or section 4(a)(2) if the affidavit--
``(i) is provided in addition to other
material that may be used to substantiate the
individual's presence in an affected area
during that time period;
``(ii) attests to the individual's presence
in an affected area during that period;
``(iii) is made subject to penalty for
perjury; and
``(iv) is made by a person other than the
individual filing the claim.
``(C) Participation at testing site.--For purposes
of this Act, the Attorney General shall accept a
written affidavit or declaration as evidence to
substantiate an individual's participation onsite in a
test involving the atmospheric detonation of a nuclear
device if the affidavit--
``(i) is provided in addition to other
material that may be used to substantiate the
individual's participation onsite in a test
involving the atmospheric detonation of a
nuclear device;
``(ii) attests to the individual's
participation onsite in a test involving the
atmospheric detonation of a nuclear device;
``(iii) is made subject to penalty for
perjury; and
``(iv) is made by a person other than the
individual filing the claim.''.
(b) Technical and Conforming Amendments.--Section 6 is amended--
(1) in subsection (b)(2)(C), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``subsection (a)(1), (a)(2)(A), or
(a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B),
(a)(2)(C), or (a)(2)(D) of section 4''; and
(ii) in clause (i), by striking
``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of
section 4'' and inserting ``subsection (a)(1),
(a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D)
of section 4''; and
(B) in subparagraph (B), by striking ``section
4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and
(3) in subsection (e), by striking ``subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4'' and inserting
``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or
(a)(2)(D) of section 4''.
(c) Regulations.--
(1) In general.--Section 6(k) is amended by adding at the
end the following: ``Not later than 180 days after the date of
enactment of the Radiation Exposure Compensation Act Amendments
of 2023, the Attorney General shall issue revised regulations
to carry out this Act.''.
(2) Considerations in revisions.--In issuing revised
regulations under section 6(k) of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), as
amended under paragraph (1), the Attorney General shall ensure
that procedures with respect to the submission and processing
of claims under such Act take into account and make allowances
for the law, tradition, and customs of Indian tribes, including
by accepting as a record of proof of physical presence for a
claimant a grazing permit, a homesite lease, a record of being
a holder of a post office box, a letter from an elected leader
of an Indian tribe, or a record of any recognized tribal
association or organization.
SEC. 1099HH. LIMITATION ON CLAIMS.
(a) Extension of Filing Time.--Section 8(a) is amended--
(1) by striking ``2 years'' and inserting ``19 years''; and
(2) by striking ``2022'' and inserting ``2023''.
(b) Resubmittal of Claims.--Section 8(b) is amended to read as
follows:
``(b) Resubmittal of Claims.--
``(1) Denied claims.--After the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2023, any
claimant who has been denied compensation under this Act may
resubmit a claim for consideration by the Attorney General in
accordance with this Act not more than three times. Any
resubmittal made before the date of the enactment of the
Radiation Exposure Compensation Act Amendments of 2023 shall
not be applied to the limitation under the preceding sentence.
``(2) Previously successful claims.--
``(A) In general.--After the date of enactment of
the Radiation Exposure Compensation Act Amendments of
2023, any claimant who received compensation under this
Act may submit a request to the Attorney General for
additional compensation and benefits. Such request
shall contain--
``(i) the claimant's name, social security
number, and date of birth;
``(ii) the amount of award received under
this Act before the date of enactment of the
Radiation Exposure Compensation Act Amendments
of 2023;
``(iii) any additional benefits and
compensation sought through such request; and
``(iv) any additional information required
by the Attorney General.
``(B) Additional compensation.--If the claimant
received compensation under this Act before the date of
enactment of the Radiation Exposure Compensation Act
Amendments of 2023 and submits a request under
subparagraph (A), the Attorney General shall--
``(i) pay the claimant the amount that is
equal to any excess of--
``(I) the amount the claimant is
eligible to receive under this Act (as
amended by the Radiation Exposure
Compensation Act Amendments of 2023);
minus
``(II) the aggregate amount paid to
the claimant under this Act before the
date of enactment of the Radiation
Exposure Compensation Act Amendments of
2023; and
``(ii) in any case in which the claimant
was compensated under section 4, provide the
claimant with medical benefits under section
4(a)(5).''.
SEC. 1099II. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF URANIUM MINING
AND MILLING.
(a) Definitions.--In this section--
(1) the term ``institution of higher education'' has the
meaning given under section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001);
(2) the term ``program'' means the grant program
established under subsection (b); and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Establishment.--The Secretary shall establish a grant program
relating to the epidemiological impacts of uranium mining and milling.
Grants awarded under the program shall be used for the study of the
epidemiological impacts of uranium mining and milling among non-
occupationally exposed individuals, including family members of uranium
miners and millers.
(c) Administration.--The Secretary shall administer the program
through the National Institute of Environmental Health Sciences.
(d) Eligibility and Application.--Any institution of higher
education or nonprofit private entity shall be eligible to apply for a
grant. To apply for a grant an eligible institution or entity shall
submit to the Secretary an application at such time, in such manner,
and containing or accompanied by such information as the Secretary may
reasonably require.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2024 through 2026.
SEC. 1099JJ. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.
(a) Covered Employees With Cancer.--Section 3621(9) of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384l(9)) is amended by striking subparagraph (A) and inserting
the following:
``(A) An individual with a specified cancer who is
a member of the Special Exposure Cohort, if and only
if--
``(i) that individual contracted that
specified cancer after beginning employment at
a Department of Energy facility (in the case of
a Department of Energy employee or Department
of Energy contractor employee) or at an atomic
weapons employer facility (in the case of an
atomic weapons employee); or
``(ii) that individual--
``(I) contracted that specified
cancer after beginning employment in a
uranium mine or uranium mill described
under section 5(a)(1)(A)(i) of the
Radiation Exposure Compensation Act (42
U.S.C. 2210 note) (including any
individual who was employed in core
drilling or the transport of uranium
ore or vanadium-uranium ore from such
mine or mill) located in Colorado, New
Mexico, Arizona, Wyoming, South Dakota,
Washington, Utah, Idaho, North Dakota,
Oregon, Texas, or any State the
Attorney General makes a determination
under section 5(a)(2) of that Act for
inclusion of eligibility under section
5(a)(1) of that Act; and
``(II) was employed in a uranium
mine or uranium mill described under
subclause (I) (including any individual
who was employed in core drilling or
the transport of uranium ore or
vanadium-uranium ore from such mine or
mill) at any time during the period
beginning on January 1, 1942, and
ending on December 31, 1990.''.
(b) Members of Special Exposure Cohort.--Section 3626 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384q) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) The Advisory Board on Radiation and Worker Health
under section 3624 shall advise the President whether there is
a class of employees--
``(A) at any Department of Energy facility who
likely were exposed to radiation at that facility but
for whom it is not feasible to estimate with sufficient
accuracy the radiation dose they received; and
``(B) employed in a uranium mine or uranium mill
described under section 5(a)(1)(A)(i) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note)
(including any individual who was employed in core
drilling or the transport of uranium ore or vanadium-
uranium ore from such mine or mill) located in
Colorado, New Mexico, Arizona, Wyoming, South Dakota,
Washington, Utah, Idaho, North Dakota, Oregon, Texas,
and any State the Attorney General makes a
determination under section 5(a)(2) of that Act for
inclusion of eligibility under section 5(a)(1) of that
Act, at any time during the period beginning on January
1, 1942, and ending on December 31, 1990, who likely
were exposed to radiation at that mine or mill but for
whom it is not feasible to estimate with sufficient
accuracy the radiation dose they received.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Designation of Additional Members.--
``(1) Subject to the provisions of section 3621(14)(C), the
members of a class of employees at a Department of Energy
facility, or at an atomic weapons employer facility, may be
treated as members of the Special Exposure Cohort for purposes
of the compensation program if the President, upon
recommendation of the Advisory Board on Radiation and Worker
Health, determines that--
``(A) it is not feasible to estimate with
sufficient accuracy the radiation dose that the class
received; and
``(B) there is a reasonable likelihood that such
radiation dose may have endangered the health of
members of the class.
``(2) Subject to the provisions of section 3621(14)(C), the
members of a class of employees employed in a uranium mine or
uranium mill described under section 5(a)(1)(A)(i) of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note)
(including any individual who was employed in core drilling or
the transport of uranium ore or vanadium-uranium ore from such
mine or mill) located in Colorado, New Mexico, Arizona,
Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota,
Oregon, Texas, and any State the Attorney General makes a
determination under section 5(a)(2) of that Act for inclusion
of eligibility under section 5(a)(1) of that Act, at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1990, may be treated as members of the Special
Exposure Cohort for purposes of the compensation program if the
President, upon recommendation of the Advisory Board on
Radiation and Worker Health, determines that--
``(A) it is not feasible to estimate with
sufficient accuracy the radiation dose that the class
received; and
``(B) there is a reasonable likelihood that such
radiation dose may have endangered the health of
members of the class.''.
Subtitle J--Crypto Assets
SEC. 1099AAA. CRYPTO ASSET ANTI-MONEY LAUNDERING EXAMINATION STANDARDS.
Not later than 2 years after the date of enactment of this Act, the
Secretary of the Treasury, in consultation with the Conference of State
Bank Supervisors and Federal functional regulators, as defined in
section 1010.100 of title 31, Code of Federal Regulations, shall
establish a risk-focused examination and review process for financial
institutions, as defined in that section, to assess the following
relating to crypto assets, as determined by the Secretary:
(1) The adequacy of reporting obligations and anti-money
laundering programs under subsections (g) and (h) of section
5318 of title 31, United States Code, respectively as applied
to those institutions.
(2) Compliance of those institutions with anti-money
laundering and countering the financing of terrorism
requirements under subchapter II of chapter 53 of title 31,
United States Code.
SEC. 1099BBB. COMBATING ANONYMOUS CRYPTO ASSET TRANSACTIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Treasury shall submit a report and provide a briefing,
as determined by the Secretary, to the Committee on Banking, Housing
and Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives that assess the following issues:
(1) Categories of anonymity-enhancing technologies or
services used in connection with crypto assets, such as mixers
and tumblers, in use as of the date on which the report is
submitted.
(2) As data are available, estimates of the magnitude of
transactions related to the categories in paragraph (1) that
are believed to be connected, directly or indirectly, to
illicit finance, including crypto asset transaction volumes
associated with sanctioned entities and entities subject to
special measures pursuant to section 5318A of title 31, United
States Code, and a description of any limitations applicable to
the data used in such estimates.
(3) Categories of privacy-enhancing technologies or
services used in connection with crypto assets in use as of the
date on which the report is submitted.
(4) Legislative and regulatory approaches employed by other
jurisdictions relating to the technologies and services
described in paragraphs (1) and (3).
(5) Recommendations for legislation or regulation relating
to the technologies and services described in paragraphs (1)
and (3).
Subtitle K--Combating Cartels on Social Media Act of 2023
SEC. 1099AAAA. SHORT TITLE.
This subtitle may be cited as the ``Combating Cartels on Social
Media Act of 2023''.
SEC. 1099BBBB. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered operator.--The term ``covered operator'' means
the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or
group messaging capabilities, but not including text
messaging services without other substantial social
functionalities or electronic mail services, that the
Secretary of Homeland Security determines is being or
has been used by transnational criminal organizations
in connection with matters described in section 1093;
and
(C) a digital platform, or an electronic
application utilizing the digital platform, involving
real-time interactive communication between multiple
individuals, including multi-player gaming services and
immersive technology platforms or applications, that
the Secretary of Homeland Security determines is being
or has been used by transnational criminal
organizations in connection with matters described in
section 1093.
(4) Criminal enterprise.--The term ``criminal enterprise''
has the meaning given the term ``continuing criminal
enterprise'' in section 408 of the Controlled Substances Act
(21 U.S.C. 848).
(5) Illicit activities.--The term ``illicit activities''
means the following criminal activities that transcend national
borders:
(A) A violation of section 401 of the Controlled
Substances Act (21 U.S.C. 841).
(B) Narcotics trafficking, as defined in section
808 of the Foreign Narcotics Kingpin Designation Act
(21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section
922 of title 18, United States Code.
(D) Migrant smuggling, defined as a violation of
section 274(a)(1)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as--
(i) a violation of section 1590, 1591, or
1592 of title 18, United States Code; or
(ii) engaging in severe forms of
trafficking in persons, as defined in section
103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section
1030 of title 18, United States Code.
(G) A violation of any provision that is subject to
intellectual property enforcement, as defined in
section 302 of the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (15
U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a
violation of section 5332 of title 31, United States
Code.
(I) Laundering the proceeds of the criminal
activities described in subparagraphs (A) through (H).
(6) Transnational criminal organization.--The term
``transnational criminal organization'' means groups, networks,
and associated individuals who operate transnationally for the
purposes of obtaining power, influence, or monetary or
commercial gain, wholly or in part by certain illegal means,
while advancing their activities through a pattern of crime,
corruption, or violence, and while protecting their illegal
activities through a transnational organizational structure and
the exploitation of public corruption or transnational
logistics, financial, or communication mechanisms.
SEC. 1099CCCC. ASSESSMENT OF ILLICIT USAGE.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security and the Secretary of State shall
submit to the appropriate congressional committees a joint assessment
describing--
(1) the use of covered services by transnational criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, to engage in recruitment
efforts, including the recruitment of individuals, including
individuals under the age of 18, located in the United States
to engage in or provide support with respect to illicit
activities occurring in the United States, Mexico, or otherwise
in proximity to an international boundary of the United States;
(2) the use of covered services by transnational criminal
organizations to engage in illicit activities or conduct in
support of illicit activities, including--
(A) smuggling or trafficking involving narcotics,
other controlled substances, precursors thereof, or
other items prohibited under the laws of the United
States, Mexico, or another relevant jurisdiction,
including firearms;
(B) human smuggling or trafficking, including the
exploitation of children; and
(C) transportation of bulk currency or monetary
instruments in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary of Homeland
Security, the Secretary of State, and relevant government and
law enforcement entities to counter, monitor, or otherwise
respond to the usage of covered services described in
paragraphs (1) and (2).
SEC. 1099DDDD. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL MEDIA
AND ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Homeland Security and the Secretary of
State shall submit to the appropriate congressional committees a joint
strategy, to be known as the National Strategy to Combat Illicit
Recruitment Activity by Transnational Criminal Organizations on Social
Media and Online Platforms, to combat the use of covered services by
transnational criminal organizations, or criminal enterprises acting on
behalf of transnational criminal organizations, to recruit individuals
located in the United States to engage in or provide support with
respect to illicit activities occurring in the United States, Mexico,
or otherwise in proximity to an international boundary of the United
States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a)
shall, at a minimum, include the following:
(A) A proposal to improve cooperation and
thereafter maintain cooperation between the Secretary
of Homeland Security, the Secretary of State, and
relevant law enforcement entities with respect to the
matters described in subsection (a).
(B) Recommendations to implement a process for the
voluntary reporting of information regarding the
recruitment efforts of transnational criminal
organizations in the United States involving covered
services.
(C) A proposal to improve intragovernmental
coordination with respect to the matters described in
subsection (a), including between the Department of
Homeland Security, the Department of State, and State,
Tribal, and local governments.
(D) A proposal to improve coordination within the
Department of Homeland Security and the Department of
State and between the components of those Departments
with respect to the matters described in subsection
(a).
(E) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations to utilize covered
services for recruitment to engage in or provide
support with respect to illicit activities.
(F) Activities to foster international partnerships
and enhance collaboration with foreign governments and,
as applicable, multilateral institutions with respect
to the matters described in subsection (a).
(G) Activities to specifically increase engagement
and outreach with youth in border communities,
including regarding the recruitment tactics of
transnational criminal organizations and the
consequences of participation in illicit activities.
(H) A detailed description of the measures used to
ensure--
(i) law enforcement and intelligence
activities focus on the recruitment activities
of transitional criminal organizations not
individuals the transnational criminal
organizations attempt to or successfully
recruit; and
(ii) the privacy rights, civil rights, and
civil liberties protections in carrying out the
activities described in clause (i), with a
particular focus on the protections in place to
protect minors and constitutionally protected
activities.
(2) Limitation.--The strategy required under subsection (a)
shall not include legislative recommendations or elements
predicated on the passage of legislation that is not enacted as
of the date on which the strategy is submitted under subsection
(a).
(c) Consultation.--In drafting and implementing the strategy
required under subsection (a), the Secretary of Homeland Security and
the Secretary of State shall, at a minimum, consult and engage with--
(1) the heads of relevant components of the Department of
Homeland Security, including--
(A) the Under Secretary for Intelligence and
Analysis;
(B) the Under Secretary for Strategy, Policy, and
Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border
Protection;
(E) the Director of U.S. Immigration and Customs
Enforcement;
(F) the Officer for Civil Rights and Civil
Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State
and Local Law Enforcement;
(2) the heads of relevant components of the Department of
State, including--
(A) the Assistant Secretary for International
Narcotics and Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere
Affairs; and
(C) the Coordinator of the Global Engagement
Center;
(3) the Attorney General;
(4) the Secretary of Health and Human Services; and
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, or
his or her designee in the Office of Public Engagement,
representatives of border communities, including
representatives of--
(A) State, Tribal, and local governments, including
school districts and local law enforcement; and
(B) nongovernmental experts in the fields of--
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants;
and
(iv) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary of
Homeland Security and the Secretary of State shall commence
implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the
date on which the strategy required under subsection
(a) is implemented under paragraph (1), and
semiannually thereafter for 5 years, the Secretary of
Homeland Security and the Secretary of State shall
submit to the appropriate congressional committees a
joint report describing the efforts of the Secretary of
Homeland Security and the Secretary of State to
implement the strategy required under subsection (a)
and the progress of those efforts, which shall include
a description of--
(i) the recommendations, and corresponding
implementation of those recommendations, with
respect to the matters described in subsection
(b)(1)(B);
(ii) the interagency posture with respect
to the matters covered by the strategy required
under subsection (a), which shall include a
description of collaboration between the
Secretary of Homeland Security, the Secretary
of State, other Federal entities, State, local,
and Tribal entities, and foreign governments;
and
(iii) the threat landscape, including new
developments related to the United States
recruitment efforts of transnational criminal
organizations and the use by those
organizations of new or emergent covered
services and recruitment methods.
(B) Form.--Each report required under subparagraph
(A) shall be submitted in unclassified form, but may
contain a classified annex.
(3) Civil rights, civil liberties, and privacy
assessment.--Not later than 2 years after the date on which the
strategy required under subsection (a) is implemented under
paragraph (1), the Office for Civil Rights and Civil Liberties
and the Privacy Office of the Department of Homeland Security
shall submit to the appropriate congressional committees a
joint report that includes--
(A) a detailed assessment of the measures used to
ensure the protection of civil rights, civil liberties,
and privacy rights in carrying out this section; and
(B) recommendations to improve the implementation
of the strategy required under subsection (a).
(4) Rulemaking.--Prior to implementation of the strategy
required under subsection (a) at the Department of Homeland
Security, the Secretary of Homeland Security shall issue rules
to carry out this section in accordance with section 553 of
title 5, United States Code.
SEC. 1099EEEE. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to expand the statutory
law enforcement or regulatory authority of the Department of Homeland
Security or the Department of State.
SEC. 1099FFFF. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this subtitle.
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT
SEC. 1101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Connecting
Oceania's Nations with Vanguard Exercises and National Empowerment'' or
the ``CONVENE Act of 2023''.
(b) Table of Contents.--The table of contents for this title is as
follows:
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT
Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. National security councils of specified countries.
SEC. 1102. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committees on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given such
term in section 101(a) of title 10, United States Code.
(3) National security council.--The term ``national
security council'' means, with respect to a specified country,
an intergovernmental body under the jurisdiction of the freely
elected government of the specified country that acts as the
primary coordinating entity for security cooperation, disaster
response, and the activities described section 6103(f).
(4) Specified country.--The term ``specified country''
means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
SEC. 1103. NATIONAL SECURITY COUNCILS OF SPECIFIED COUNTRIES.
(a) In General.--The Secretary of State, in consultation with other
relevant Federal departments and agencies, as appropriate, may consult
and engage with each specified country to advise and provide assistance
to a national security council (including by developing a national
security council, if appropriate), or to identify a similar
coordinating body for national security matters, comprised of citizens
of the specified country--
(1) that enables the specified country--
(A) to better coordinate with the United States
Government, including the Armed Forces, as appropriate;
(B) to increase cohesion on activities, including
emergency humanitarian response, law enforcement, and
maritime security activities; and
(C) to provide trained professionals to serve as
members of the committees of the specified country
established under the applicable Compact of Free
Association; and
(2) for the purpose of enhancing resilience capabilities
and protecting the people, infrastructure, and territory of the
specified country from malign actions.
(b) Composition.--The Secretary of State, respecting the unique
needs of each specified country, may seek to ensure that the national
security council, or other identified coordinating body, of the
specified country is composed of sufficient staff and members to enable
the activities described in subsection (f).
(c) Access to Sensitive Information.--The Secretary of State, with
the concurrence of the Director of National Intelligence, may
establish, as appropriate, for use by the members and staff of the
national security council, or other identified coordinating body, of
each specified country standards and a process for vetting and sharing
sensitive information.
(d) Standards for Equipment and Services.--The Secretary of State
may work with the national security council, or other identified
coordinating body, of each specified country to ensure that--
(1) the equipment and services used by the national
security council or other identified coordinating body are
compliant with security standards so as to minimize the risk of
cyberattacks or espionage;
(2) the national security council or other identified
coordinating body takes all reasonable efforts not to procure
or use systems, equipment, or software that originates from any
entity identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3965; 10 U.S.C. 113 note);
and
(3) to the extent practicable, the equipment and services
used by the national security council or other identified
coordinating body are interoperable with the equipment and
services used by the national security councils, or other
identified coordinating bodies, of the other specified
countries.
(e) Report on Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for two
years, the Secretary of State shall submit to the appropriate
committees of Congress a report that includes--
(A) an assessment as to whether a national security
council or a similar formal coordinating body is
helping or would help achieve the objectives described
in subsection (a) at acceptable financial and
opportunity cost;
(B) a description of all actions taken by the
United States Government to assist in the
identification or maintenance of a national security
council, or other identified coordinating body, in each
specified country;
(C) with respect to each specified country, an
assessment as to whether--
(i) the specified country has appropriately
staffed its national security council or other
identified coordinating body; and
(ii) the extent to which the national
security council, or other identified
coordinating body, of the specified country is
capable of carrying out the activities
described in subsection (f);
(D) an assessment of--
(i) any challenge to cooperation and
coordination with the national security
council, or other identified coordinating body,
of any specified country;
(ii) current efforts by the Secretary of
State to coordinate with the specified
countries on the activities described in
subsection (f); and
(iii) existing governmental entities within
each specified country that are capable of
supporting such activities;
(E) a description of any challenge with respect
to--
(i) the implementation of the national
security council, or other identified
coordinating body, of any specified country;
and
(ii) the implementation of subsections (a)
through (d);
(F) an assessment of any attempt or campaign by a
malign actor to influence the political, security, or
economic policy of a specified country, a member of a
national security council or other identified
coordinating body, or an immediate family member of
such a member; and
(G) any other matter the Secretary of State
considers relevant.
(2) Form.--Each report required by paragraph (1) may be
submitted in unclassified form and may include a classified
annex.
(f) Activities Described.--The activities described in this
subsection are the following:
(1) Homeland security activities.--
(A) Coordination of--
(i) the prosecution and investigation of
transnational criminal enterprises;
(ii) responses to national emergencies,
such as natural disasters;
(iii) counterintelligence and counter-
coercion responses to foreign threats; and
(iv) efforts to combat illegal, unreported,
or unregulated fishing.
(B) Coordination with United States Government
officials on humanitarian response, military exercises,
law enforcement, and other issues of security concern.
(C) Identification and development of an existing
governmental entity to support homeland defense and
civil support activities.
TITLE XII--CIVILIAN PERSONNEL MATTERS
SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1102 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263), is further amended by striking ``through 2023'' and
inserting ``through 2024''.
SEC. 1202. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1103 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263), is further
amended by striking ``2024'' and inserting ``2025''.
SEC. 1203. EXCLUSION OF POSITIONS IN NONAPPROPRIATED FUND
INSTRUMENTALITIES FROM LIMITATIONS ON DUAL PAY.
Section 5531(2) of title 5, United States Code, is amended by
striking ``Government corporation and'' and inserting ``Government
corporation, but excluding''.
SEC. 1204. EXCEPTION TO LIMITATION ON NUMBER OF SENIOR EXECUTIVE
SERVICE POSITIONS FOR THE DEPARTMENT OF DEFENSE.
Section 1109(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2449; 5 U.S.C. 3133
note) is amended by adding at the end the following new paragraph:
``(3) Exception.--The limitation under this subsection
shall not apply to positions described in this subsection that
are fully funded through amounts appropriated to an agency
other than the Department of Defense.''.
SEC. 1205. REMOVAL OF WASHINGTON HEADQUARTERS SERVICES DIRECT SUPPORT
FROM PERSONNEL LIMITATION ON THE OFFICE OF THE SECRETARY
OF DEFENSE.
Section 143(b) of title 10, United States Code, is amended by
striking ``(including Direct Support Activities of that Office and the
Washington Headquarters Services of the Department of Defense)''.
SEC. 1206. CONSOLIDATION OF DIRECT HIRE AUTHORITIES FOR CANDIDATES WITH
SPECIFIED DEGREES AT SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
Section 4091 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``bachelor's degree''
and inserting ``bachelor's or advanced degree'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Calendar Year'' and inserting ``Fiscal Year'' ;
(B) in the matter preceding paragraph (1), by
striking ``calendar year'' and inserting ``fiscal
year'';
(C) in paragraph (1), by striking ``6 percent'' and
inserting ``11 percent''; and
(D) in paragraphs (1), (2), and (3), by striking
``the fiscal year last ending before the start of such
calendar year'' and inserting ``the preceding fiscal
year'';
(3) by striking subsection (f); and
(4) by redesignating subsection (g) as subsection (f).
SEC. 1207. EXPANSION AND EXTENSION OF DIRECT HIRE AUTHORITY FOR CERTAIN
PERSONNEL OF THE DEPARTMENT OF DEFENSE.
Section 9905 of title 5, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraphs:
``(12) Any position in support of aircraft operations for
which the Secretary determines there is a critical hiring need
and shortage of candidates.
``(13) Any position in support of the safety of the public,
law enforcement, or first response for which the Secretary
determines there is a critical hiring need and shortage of
candidates.
``(14) Any position in support of the Office of the
Inspector General of the Department relating to oversight of
the conflict in Ukraine for which the Secretary determines
there is a critical hiring need and shortage of candidates.'';
and
(2) in subsection (b)(1), by striking ``September 30,
2025'' and inserting ``September 30, 2030''.
SEC. 1208. EXTENSION OF DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF
DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT GRADUATES.
Section 1106(d) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by striking
``September 30, 2025'' and inserting ``September 30, 2030''.
SEC. 1209. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE.
Section 1125(a) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114-328) is
amended by striking ``through 2025,'' and inserting ``through 2028,''.
SEC. 1210. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT SPACE FORCE
SCHOOLS.
(a) In General.--Section 9371 of title 10, United States Code, is
amended--
(1) in the section heading, by inserting ``and Space Delta
13'' after ``Air University''
(2) in subsection (a), by inserting ``or of the Space Delta
13'' after ``Air University''; and
(3) in subsection (c)--
(A) in paragraphs (1), by inserting ``or of the
Space Delta 13'' after ``Air University''; and
(B) in paragraph (2), by inserting ``or of the
Space Delta 13'' after ``Air University''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 947 of such title is amended by striking the item relating to
section 9371 and inserting the following new item:
``9371. Air University and Space Delta 13: civilian faculty members.''.
SEC. 1211. REPORT AND SUNSET RELATING TO INAPPLICABILITY OF
CERTIFICATION OF EXECUTIVE QUALIFICATIONS BY
QUALIFICATION REVIEW BOARDS OF OFFICE OF PERSONNEL
MANAGEMENT.
Section 1109 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (5 U.S.C. 3393 note) is amended--
(1) in subsection (d)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Additional report.--Not later than December 1, 2024,
the Secretary shall submit to the committees of Congress
specified in paragraph (4) and the Comptroller General of the
United States a report on the use of the authority provided in
this section. The report shall include the following:
``(A) The number and type of appointments made
under this section between August 13, 2018, and the
date of the report.
``(B) Data on and an assessment of whether
appointments under the authority in this section
reduced the time to hire when compared with the time to
hire under the review system of the Office of Personnel
Management in use as of the date of the report.
``(C) An assessment of the utility of the
appointment authority and process under this section.
``(D) An assessment of whether the appointments
made under this section resulted in higher quality new
executives for the Senior Executive Service of the
Department when compared with the executives produced
in the Department under the review system in use
between August 13, 2013, and August 13, 2018.
``(E) Any recommendation for the improvement of the
selection and qualification process for the Senior
Executive Service of the Department that the Secretary
considers necessary in order to attract and hire highly
qualified candidates for service in that Senior
Executive Service.''; and
(2) in subsection (e), by striking ``August 13, 2023'' and
inserting ``September 30, 2025''.
SEC. 1212. EXTENSION OF DATE OF FIRST EMPLOYMENT FOR ACQUISITION OF
COMPETITIVE STATUS FOR EMPLOYEES OF INSPECTORS GENERAL
FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 419(d)(5)(B) of title 5, United States Code, is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 1213. EXPANSION OF NONCOMPETITIVE APPOINTMENT ELIGIBILITY TO
SPOUSES OF DEPARTMENT OF DEFENSE CIVILIANS.
(a) In General.--Section 3330d of title 5, United States Code, is
amended--
(1) in the section heading, by inserting ``and Department
of Defense civilian'' after ``military'';
(2) in subsection (a), by adding at the end the following:
``(4) The term `spouse of an employee of the Department of
Defense' means an individual who is married to an employee of
the Department of Defense who is transferred in the interest of
the Government from one official station within the Department
to another within the Department (that is outside of normal
commuting distance) for permanent duty.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of an employee of the Department of
Defense.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States Code, is amended
by striking the item relating to section 3330d and inserting the
following:
``3330d. Appointment of military and Department of Defense civilian
spouses.''.
(c) OPM Limitation and Reports.--
(1) Relocating spouses.--With respect to the noncompetitive
appointment of a relocating spouse of an employee of the
Department of Defense under paragraph (3) of section 3330d(b)
of title 5, United States Code, as added by subsection (a), the
Director of the Office of Personnel Management shall--
(A) monitor the number of those appointments;
(B) require the head of each agency with the
authority to make those appointments under that
provision to submit to the Director an annual report on
those appointments, including information on the number
of individuals so appointed, the types of positions
filled, and the effectiveness of the authority for
those appointments; and
(C) not later than 18 months after the date of
enactment of this Act, submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and
Accountability of the House of Representatives a report
on the use and effectiveness of the authority described
in subparagraph (B).
(2) Non-relocating spouses.--With respect to the
noncompetitive appointment of a spouse of an employee of the
Department of Defense other than a relocating spouse described
in paragraph (1), the Director of the Office of Personnel
Management--
(A) shall treat the spouse as a relocating spouse
under paragraph (1); and
(B) may limit the number of those appointments.
(d) Sunset.--Effective on December 31, 2028--
(1) the authority provided by this section, and the
amendments made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United
States Code, amended or repealed by this section are restored
or revived as if this section had not been enacted.
SEC. 1214. ELIMINATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW
REQUIREMENT RELATING TO DEPARTMENT OF DEFENSE PERSONNEL
AUTHORITIES.
Section 9902(h) of title 5, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``and the Comptroller
General,'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 1215. AMENDMENTS TO THE JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS
PROGRAM.
(a) Selection of Participants.--Subsection (d)(2) of section 932 of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (10 U.S.C. 1580 note prec.; Public Law 115-232) is amended to read
as follows:
``(2) Geographical representation.--Out of the total number
of individuals selected to participate in the fellows program
in any year, not more than 20 percent may be from any of the
following geographic regions:
``(A) The Northeast United States.
``(B) The Southeast United States.
``(C) The Midwest United States.
``(D) The Southwest United States.
``(E) The Western United States.
``(F) Alaska, Hawaii, United States territories,
and areas outside the United States.''.
(b) Appointment and Career Development.--Such section is further
amended--
(1) in subsection (d)(3)--
(A) by striking ``assigned'' and inserting
``appointed''; and
(B) by striking ``assignment'' and inserting
``appointment''; and
(2) by amending subsections (e) and (f) to read as follows:
``(e) Appointment During Participation in Fellows Program.--
``(1) In general.--The Secretary of Defense shall appoint
each individual who participates in the fellows program to an
excepted service position in an element of the Department.
``(2) Placement opportunities.--Each year, the head of each
element of the Department shall submit to the Secretary an
identification of placement opportunities for participants in
the fellows program. Such placement opportunities shall provide
for leadership development and potential commencement of a
career track toward a position of senior leadership in the
Department.
``(3) Qualification requirements.--The Secretary, in
coordination with the heads of elements of the Department,
shall establish qualification requirements for the appointment
of participants under paragraph (1).
``(4) Matching qualifications, skills, and requirements.--
In making appointments under paragraph (1), the Secretary shall
seek to best match the qualifications and skills of the
participants with the requirements for positions available for
appointment.
``(5) Term.--The term of each appointment under the fellows
program shall be one year, but the Secretary may extend a term
of appointment up to one additional year.
``(6) Grade.--The Secretary shall appoint an individual
under paragraph (1) to a position at the level of GS-10, GS-11,
or GS-12 of the General Schedule based on the directly related
qualifications, skills, and professional experience of the
individual.
``(7) Education loan repayment.--To the extent that funds
are provided in advance in appropriations Acts, the Secretary
may repay a loan of a participant in the fellows program if the
loan is described by subparagraph (A), (B), or (C) of section
16301(a)(1) of title 10, United States Code. Any repayment of a
loan under this paragraph may require a minimum service
agreement, as determined by the Secretary.
``(8) Element of the department defined.--In this
subsection, the term `element of the Department' means an
element of the Department specified in section 111(b) of title
10, United States Code.
``(f) Career Development.--
``(1) In general.--The Secretary of Defense shall ensure
that participants in the fellows program--
``(A) receive career development opportunities and
support appropriate for the commencement of a career
track within the Department leading toward a future
position of senior leadership within the Department,
including ongoing mentorship support through
appropriate personnel from entities within the
Department; and
``(B) are provided appropriate employment
opportunities for excepted service positions in the
Department upon successful completion of the fellows
program.
``(2) Publication of selection.--The Secretary shall
publish, on an internet website of the Department available to
the public, the names of the individuals selected to
participate in the fellows program.''.
SEC. 1216. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.
(a) Definition.--In this section, the term ``temporary position''
means a position in the competitive or excepted service for a period of
180 days or less.
(b) Pilot Project.--
(1) In general.--The Secretary of the Army shall carry out
a pilot project to establish a Civilian Cybersecurity Reserve.
(2) Purpose.--The purpose of the Civilian Cybersecurity
Reserve is to enable the Army to provide manpower to the United
States Cyber Command to effectively--
(A) preempt, defeat, deter, or respond to malicious
cyber activity;
(B) conduct cyberspace operations;
(C) secure information and systems of the
Department of Defense against malicious cyber activity;
and
(D) assist in solving cyber workforce-related
challenges.
(3) Hiring authority.--In carrying out this section, the
Secretary may use any authority otherwise available to the
Secretary for the recruitment, employment, and retention of
civilian personnel within the Department, including authority
under section 1599f of title 10, United States Code.
(4) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-discrimination
in reemployment of individuals appointed under this section,
provided that such regulations shall include, at a minimum,
those rights and obligations set forth under chapter 43 of
title 38, United States Code.
(5) Status in reserve.--During the period beginning on the
date on which an individual is recruited to serve in the
Civilian Cybersecurity Reserve and ending on the date on which
the individual is appointed under this section, and during any
period in between any such appointments, the individual shall
not be considered a Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project required under
subsection (b)(1), the Secretary of the Army shall establish
criteria for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) if the individual has previously served as a
member of the Civilian Cybersecurity Reserve, that the
previous appointment ended not less than 60 days before
the individual may be appointed for a subsequent
temporary position in the Civilian Cybersecurity
Reserve; and
(B) cybersecurity expertise.
(3) Prescreening.--The Secretary shall--
(A) conduct a prescreening of each individual prior
to appointment under this section for any topic or
product that would create a conflict of interest; and
(B) require each individual appointed under this
section to notify the Secretary if a potential conflict
of interest arises during the appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Secretary to become such a
member, which shall set forth the rights and obligations of the
individual and the Army.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve in
the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Secretary of the Army shall ensure
that all members of the Civilian Cybersecurity Reserve undergo
the appropriate personnel vetting and adjudication commensurate
with the duties of the position, including a determination of
eligibility for access to classified information where a
security clearance is necessary, according to applicable policy
and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance in
order to carry out the duties of the member, the Army shall be
responsible for the cost of sponsoring the security clearance
of the member.
(e) Implementation Plan.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the report required
under section 1540(d)(2) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-
263) on the feasibility and advisability of creating and
maintaining a civilian cybersecurity reserve corps, the
Secretary of the Army shall--
(A) submit to the congressional defense committees
an implementation plan for the pilot project required
under subsection (b)(1); and
(B) provide to the congressional defense committees
a briefing on the implementation plan.
(2) Prohibition.--The Secretary of the Army may not take
any action to begin implementation of the pilot project
required under subsection (b)(1) until the Secretary fulfills
the requirements under paragraph (1).
(f) Project Guidance.--Not later than two years after the date of
the enactment of this Act, the Secretary of the Army shall, in
consultation with the Office of Personnel Management and the Office of
Government Ethics, issue guidance establishing and implementing the
pilot project required under subsection (b)(1).
(g) Briefings and Report.--
(1) Briefings.--Not later than one year after the date on
which the guidance required under subsection (f) is issued, and
every year thereafter until the date on which the pilot project
required under subsection (b)(1) terminates under subsection
(i), the Secretary of the Army shall provide to the
congressional defense committees a briefing on activities
carried out under the pilot project, including--
(A) participation in the Civilian Cybersecurity
Reserve, including the number of participants, the
diversity of participants, and any barriers to
recruitment or retention of members;
(B) an evaluation of the ethical requirements of
the pilot project;
(C) whether the Civilian Cybersecurity Reserve has
been effective in providing additional capacity to the
Army; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(2) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project required
under subsection (b)(1) terminates under subsection (i), the
Secretary shall submit to the congressional defense committees
a report and provide a briefing on recommendations relating to
the pilot project, including recommendations for--
(A) whether the pilot project should be modified,
extended in duration, or established as a permanent
program, and if so, an appropriate scope for the
program;
(B) how to attract participants, ensure a diversity
of participants, and address any barriers to
recruitment or retention of members of the Civilian
Cybersecurity Reserve;
(C) the ethical requirements of the pilot project
and the effectiveness of mitigation efforts to address
any conflict of interest concerns; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(h) Evaluation.--Not later than three years after the pilot project
required under subsection (b)(1) is established, the Comptroller
General of the United States shall--
(1) conduct a study evaluating the pilot project; and
(2) submit to Congress--
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the
pilot project should be modified.
(i) Sunset.--The pilot project required under subsection (b)(1)
shall terminate on the date that is four years after the date on which
the pilot project is established.
TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1301. MIDDLE EAST INTEGRATED MARITIME DOMAIN AWARENESS AND
INTERDICTION CAPABILITY.
(a) In General.--The Secretary of Defense, using existing
authorities, shall seek to build upon the incorporation of Israel into
the area of responsibility of the United States Central Command to
develop a Middle East integrated maritime domain awareness and
interdiction capability for the purpose of protecting the people,
infrastructure, and territory of such countries from--
(1) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(2) violent extremist organizations, criminal networks, and
piracy activities that threaten lawful commerce in the
waterways within the area of responsibility of the United
States Naval Forces Central Command.
(b) Strategy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a strategy for the
cooperation described in subsection (a).
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) An assessment of the threats posed to ally or
partner countries in the Middle East by--
(i) manned and unmanned naval systems,
undersea warfare capabilities, and anti-ship
missiles of Iran and groups affiliated with
Iran; and
(ii) violent extremist organizations,
criminal networks, and piracy activities that
threaten lawful commerce in the waterways
within the area of responsibility of the United
States Naval Forces Central Command.
(B) A description of existing multilateral maritime
partnerships currently led by the United States Naval
Forces Central Command, including the Combined Maritime
Forces (including its associated Task Forces 150, 151,
152, and 153), the International Maritime Security
Construct, and the Navy's Task Force 59, and a
discussion of the role of such partnerships in building
an integrated maritime security capability.
(C) A description of progress made in advancing the
integration of Israel into the existing multilateral
maritime partnerships described in subparagraph (B).
(D) A description of efforts among countries in the
Middle East to coordinate intelligence, reconnaissance,
and surveillance capabilities and indicators and
warnings with respect to the threats described in
subparagraph (A), and a description of any impediment
to optimizing such efforts.
(E) A description of the current Department of
Defense systems that, in coordination with ally and
partner countries in the Middle East--
(i) provide awareness of and defend against
such threats; and
(ii) address current capability gaps.
(F) An explanation of the manner in which an
integrated maritime domain awareness and interdiction
architecture would improve collective security in the
Middle East.
(G) A description of existing and planned efforts
to engage ally and partner countries in the Middle East
in establishing such an architecture.
(H) An identification of the elements of such an
architecture that may be acquired and operated by ally
and partner countries in the Middle East, and a list of
such elements for each such ally and partner.
(I) An identification of the elements of such an
architecture that may only be provided and operated by
members of the United States Armed Forces.
(J) An identification of any challenge to
optimizing such an architecture in the Middle East.
(K) An assessment of progress and key challenges in
the implementation of the strategy required by
paragraph (1) using the metrics identified in
accordance with paragraph (3).
(L) Recommendations for improvements in the
implementation of such strategy based on such metrics.
(M) An assessment of any capabilities or lessons
from the Navy's Task Force 59 that may be leveraged to
support an integrated maritime domain awareness and
interdiction capability in the Middle East.
(N) Any other matter the Secretary of Defense
considers relevant.
(3) Metrics.--The Secretary of Defense shall identify
metrics to assess progress in the implementation of the
strategy required by paragraph (1).
(4) Format.--The strategy required by paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
(c) Feasibility Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility and advisability of establishing an
integrated maritime domain awareness and interdiction
capability to protect the people, infrastructure, and territory
of ally and partner countries in the Middle East from--
(A) manned and unmanned naval systems, undersea
warfare capabilities, and anti-ship missiles of Iran
and groups affiliated with Iran; and
(B) violent extremist organizations, criminal
networks, and piracy activities that threaten lawful
commerce in the waterways of the Middle East.
(2) Elements.--The study required by paragraph (1) shall
include--
(A) an assessment of funds that could be
contributed by ally and partner countries of the United
States; and
(B) a cost estimate of establishing such an
integrated maritime domain awareness and interdiction
capability.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the results
of the study conducted under paragraph (1).
(d) Protection of Sensitive Information.--Any activity carried out
under this section shall be conducted in a manner that appropriately
protects sensitive information and the national security interests of
the United States.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1302. AUTHORITY TO PROVIDE MISSION TRAINING THROUGH DISTRIBUTED
SIMULATION.
(a) Authority for Training and Distribution.--To enhance the
interoperability and integration between the United States Armed Forces
and the military forces of friendly foreign countries, the Secretary of
Defense, with the concurrence of the Secretary of State, is
authorized--
(1) to provide to military personnel of a friendly foreign
government persistent advanced networked training and exercise
activities (in this section referred to as ``mission training
through distributed simulation''); and
(2) to provide information technology, including hardware
and computer software developed for mission training through
distributed simulation activities.
(b) Scope of Mission Training.--Mission training through
distributed simulation provided under subsection (a) may include
advanced distributed network training events and computer-assisted
exercises.
(c) Applicability of Export Control Authorities.--The provision of
mission training through distributed simulation and information
technology under this section shall be subject to the Arms Export
Control Act (22 U.S.C. 2751 et seq.) and any other export control
authority under law relating to the transfer of military technology to
foreign countries.
(d) Guidance on Use of Authority.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
develop and issue guidance on the procedures for the use of the
authority provided in this section.
(e) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the use of mission training through distributed simulation by
military personnel of friendly foreign countries.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of ongoing mission training
through distributed simulation activities between the
United States Armed Forces and the military forces of
friendly foreign countries.
(B) A description of the current capabilities of
the military forces of friendly foreign countries to
support mission training through distributed simulation
activities with the United States Armed Forces.
(C) A description of the manner in which the
Department intends to use mission training through
distributed simulation activities to support
implementation of the National Defense Strategy,
including in areas of responsibility of the United
States European Command and the United States Indo-
Pacific Command.
(D) Any recommendation of the Secretary of Defense
for legislative proposals or policy guidance regarding
the use of mission training through distributed
simulation activities.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives.
(f) Sunset.--The authority provided in this section shall terminate
on December 31, 2025.
SEC. 1303. INCREASE IN SMALL-SCALE CONSTRUCTION LIMIT AND MODIFICATION
OF AUTHORITY TO BUILD CAPACITY.
(a) Definition of Small-scale Construction.--Section 301(8) of
title 10, United States Code, is amended by striking ``$1,500,000'' and
inserting ``$2,000,000''.
(b) Modification of Authority to Build Capacity.--
(1) In general.--Subsection (a) of section 333 of title 10,
United States Code, is amended--
(A) in paragraph (3), by inserting ``or other
counter-illicit trafficking operations'' before the
period at the end; and
(B) by adding at the end the following new
paragraph:
``(10) Foreign internal defense operations.''.
(2) Increase in threshold for small-scale construction
projects requiring additional documentation.--Subsection (e)(8)
of such section is amended by striking ``$750,000'' and
inserting ``$1,000,000''.
(3) Equipment disposition.--Such section is further amended
by adding at the end the following new subsection:
``(h) Equipment Disposition.--The Secretary of Defense may treat as
stocks of the Department of Defense--
``(1) equipment procured to carry out a program pursuant to
subsection (a) that has not yet been transferred to a foreign
country and is no longer needed to support such program or any
other program carried out pursuant to such subsection; and
``(2) equipment that has been transferred to a foreign
country to carry out a program pursuant to subsection (a) and
is returned by the foreign country to the United States.''.
(4) International agreements.--Such section is further
amended by adding at the end the following new subsection:
``(i) International Agreements.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may--
``(A) allow a foreign country to provide sole-
source direction for assistance in support of a program
carried out pursuant to subsection (a); and
``(B) enter into an agreement with a foreign
country to provide such sole-source direction.
``(2) Notification.--Not later than 72 hours after the
Secretary of Defense enters into an agreement under paragraph
(1), the Secretary shall submit to the congressional defense
committees a written notification that includes the following:
``(A) A description of the parameters of the
agreement, including types of support, objectives, and
duration of support and cooperation under the
agreement.
``(B) A description and justification of any
anticipated use of sole-source direction pursuant to
such agreement.
``(C) A determination as to whether the anticipated
costs to incurred under the agreement are fair and
reasonable.
``(D) A certification that the agreement is in the
national security interests of the United States.
``(E) Any other matter relating to the agreement,
as determined by the Secretary of Defense.''.
(5) Foreign internal defense defined.--Such section is
further amended by adding at the end of the following new
subsection:
``(j) Foreign Internal Defense Defined.--In this section, the term
`foreign internal defense' has the meaning given such term in the
publication of the Chairman of the Joint Chiefs of Staff entitled
`Joint Publication 3-22 Foreign Internal Defense' issued on August 17,
2018 and validated on February 2, 2021.''.
SEC. 1304. EXTENSION OF LEGAL INSTITUTIONAL CAPACITY BUILDING
INITIATIVE FOR FOREIGN DEFENSE INSTITUTIONS.
Section 1210(e) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2028''.
SEC. 1305. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393) is amended by striking ``beginning on October 1, 2022, and
ending on December 31, 2023'' and inserting ``beginning on October 1,
2023, and ending on December 31, 2024''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``beginning on October 1, 2022, and ending
on December 31, 2023'' and inserting ``beginning on October 1,
2023, and ending on December 31, 2024''; and
(2) by striking ``$30,000,000'' and inserting
``$15,000,000''.
SEC. 1306. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE SUPPORT FOR
STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF
THE UNITED STATES.
Section 1210A(h) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2025''.
SEC. 1307. EXTENSION OF CROSS SERVICING AGREEMENTS FOR LOAN OF
PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY
EQUIPMENT IN COALITION OPERATIONS.
Section 1207(f) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 10 U.S.C. 2342 note) is amended by striking ``December 31,
2024'' and inserting ``December 31, 2029''.
SEC. 1308. LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
SECURITY COOPERATION PROGRAM.
Of the funds authorized to be appropriated by this Act for fiscal
year 2024 for operation and maintenance, Defense-wide, and available
for the Defense Security Cooperation Agency for the International
Security Cooperation Program, not more than 75 percent may be obligated
or expended until the Secretary of Defense submits the security
cooperation strategy for each covered combatant command required by
section 1206 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1960).
SEC. 1309. MODIFICATION OF DEPARTMENT OF DEFENSE SECURITY COOPERATION
WORKFORCE DEVELOPMENT.
Section 384 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``The Program'' and inserting the
following:
``(1) In general.--The Program''; and
(B) by adding at the end the following new
paragraphs:
``(2) Managing entity.--
``(A) Designation.--The Secretary of Defense,
acting through the Under Secretary of Defense for
Policy and the Director of the Defense Security
Cooperation Agency, shall designate an entity within
the Department of Defense to serve as the lead entity
for managing the implementation of the Program.
``(B) Duties.--The entity designated under
subparagraph (A) shall carry out the management and
implementation of the Program, consistent with
objectives formulated by the Secretary of Defense,
which shall include the following:
``(i) Providing for comprehensive tracking
of and accounting for all Department of Defense
employees engaged in the security cooperation
enterprise.
``(ii) Providing training requirements
specified at the requisite proficiency levels
for each position.
``(C) Reporting.--The Secretary of Defense shall
ensure that, not less frequently than annually, each
military department, combatant command, defense agency,
and any other entity involved in managing the security
cooperation workforce submits to the entity designated
under subparagraph (A) a report containing information
necessary for the management and career development of
the security cooperation workforce, as determined by
the Director of the Defense Security Cooperation
Agency.
``(3) Security cooperation workforce management information
system.--The Secretary of Defense, acting through the Director
of the Defense Security Cooperation Agency, shall prescribe
regulations to ensure that each military department, combatant
command, and defense agency provides standardized information
and data to the Secretary on persons serving in positions
within the security cooperation workforce.'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(4) Updated guidance.--
``(A) In general.--Not later than 270 days after
the date of the enactment of this paragraph, and
biannually thereafter through fiscal year 2028, the
Secretary of Defense, in coordination with the
Secretary of State, shall issue updated guidance for
the execution and administration of the Program.
``(B) Scope.--The updated guidance required by
subparagraph (A) shall--
``(i) fulfill each requirement set forth in
paragraph (3), as appropriate; and
``(ii) include an identification of the
manner in which the Department of Defense shall
ensure that personnel assigned to security
cooperation offices within embassies of the
United States are trained and managed to a
level of proficiency that is at least equal to
the level of proficiency provided to the
attache workforce by the Defense Attache
Service.'';
(3) by redesignating subsections (f) through (h) as
subsections (h) through (j), respectively; and
(4) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Foreign Military Sales Center of Excellence.--
``(1) Establishment.--The Secretary of Defense shall direct
an existing schoolhouse within the Department of Defense to
serve as a Foreign Military Sales Center of Excellence to
improve the training and education of personnel engaged in
foreign military sales planning and execution.
``(2) Objectives.--The objectives of the Foreign Military
Sales Center of Excellence shall include--
``(A) conducting research on and promoting best
practices for ensuring that foreign military sales are
timely and effective; and
``(B) enhancing existing curricula for the purpose
of ensuring that the foreign military sales workforce
is fully trained and prepared to execute the foreign
military sales program.
``(g) Defense Security Cooperation University.--
``(1) Charter.--The Secretary of Defense shall develop and
promulgate a charter for the operation of the Defense Security
Cooperation University.
``(2) Mission.--The charter required by paragraph (1) shall
set forth the mission, and associated structures and
organizations, of the Defense Security Cooperation University,
which shall include--
``(A) management and implementation of
international military training and education security
cooperation programs and authorities executed by the
Department of Defense;
``(B) management and provision of institutional
capacity-building services executed by the Department
of Defense; and
``(C) advancement of the profession of security
cooperation through research, data collection,
analysis, publication, and learning.
``(3) Cooperative research and development arrangements.--
``(A) In general.--In engaging in research and
development projects pursuant to subsection (a) of
section 4001 of this title by a contract, cooperative
agreement, or grant pursuant to subsection (b)(1) of
such section, the Secretary of Defense may enter into
such contract or cooperative agreement, or award such
grant, through the Defense Security Cooperation
University.
``(B) Treatment as government-operated federal
laboratory.--The Defense Security Cooperation
University shall be considered a Government-operated
Federal laboratory for purposes of section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a).
``(4) Acceptance of research grants.--
``(A) In general.--The Secretary of Defense,
through the Under Secretary of Defense for Policy, may
authorize the President of the Defense Security
Cooperation University to accept qualifying research
grants. Any such grant may only be accepted if the work
under the grant is to be carried out by a professor or
instructor of the Defense Security Cooperation
University for a scientific, literary, or educational
purpose.
``(B) Qualifying grants.--A qualifying research
grant under this paragraph is a grant that is awarded
on a competitive basis by an entity described in
subparagraph (C) for a research project with a
scientific, literary, or educational purpose.
``(C) Entities from which grants may be accepted.--
A grant may be accepted under this paragraph only from
a corporation, fund, foundation, educational
institution, or similar entity that is organized and
operated primarily for scientific, literary, or
educational purposes.
``(D) Administration of grant funds.--The Director
of the Defense Security Cooperation Agency shall
establish an account for administering funds received
as research grants under this section. The President of
the Defense Security Cooperation University shall use
the funds in the account in accordance with applicable
provisions of the regulations and the terms and
condition of the grants received.
``(E) Related expenses.--Subject to such
limitations as may be provided in appropriations Acts,
appropriations available for the Defense Security
Cooperation University may be used to pay expenses
incurred by the Defense Security Cooperation University
in applying for, and otherwise pursuing, the award of
qualifying research grants.
``(F) Regulations.--The Secretary of Defense,
through the Under Secretary of Defense for Policy,
shall prescribe regulations for the administration of
this section.''.
SEC. 1310. MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT TO CERTAIN
GOVERNMENTS FOR BORDER SECURITY OPERATIONS.
Section 1226(a)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note) is amended by adding at the end
the following:
``(G) To the Government of Tajikistan for purposes
of supporting and enhancing efforts of the armed forces
of Tajikistan to increase security and sustain
increased security along the border of Tajikistan and
Afghanistan.
``(H) To the Government of Uzbekistan for purposes
of supporting and enhancing efforts of the armed forces
of Uzbekistan to increase security and sustain
increased security along the border of Uzbekistan and
Afghanistan.
``(I) To the Government of Turkmenistan for
purposes of supporting and enhancing efforts of the
armed forces of Turkmenistan to increase security and
sustain increased security along the border of
Turkmenistan and Afghanistan.''.
SEC. 1311. MODIFICATION OF DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL
COOPERATION PILOT PROGRAM.
Section 1212 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2834; 10 U.S.C.
311 note) is amended--
(1) in subsection (a), by striking ``military forces'' and
inserting ``national security forces'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``military-to-military relationships'' and
inserting ``relationships with the national
security forces of partner countries''; and
(ii) in subparagraph (C), by striking
``military forces'' and inserting ``national
security forces''; and
(B) by adding at the end the following new
paragraph:
``(4) Sustainment and non-lethal assistance.--A program
under subsection (a) may include the provision of sustainment
and non-lethal assistance, including training, defense
services, supplies (including consumables), and small-scale
construction (as such terms are defined in section 301 of title
10, United States Code).'';
(3) in subsection (e)(3)(A), by striking ``military force''
and inserting ``national security forces''; and
(4) by adding at the end the following new subsection:
``(g) National Security Forces Defined.--In this section, the term
`national security forces' has the meaning given the term in section
301 of title 10, United States Code.''.
SEC. 1312. ASSISTANCE TO ISRAEL FOR AERIAL REFUELING.
(a) Training Israeli Pilots to Operate KC-46 Aircraft.--
(1) In general.--The Secretary of the Air Force shall--
(A) make available sufficient resources and
accommodations within the United States to train
members of the Israeli Air Force on the operation of
KC-46 aircraft;
(B) conduct training for members of the Israeli Air
Force, including--
(i) training for pilots and crew on the
operation of the KC-46 aircraft in accordance
with standards considered sufficient to conduct
coalition operations of the United States Air
Force and the Israeli Air Force; and
(ii) training for ground personnel on the
maintenance and sustainment requirements of the
KC-46 aircraft considered sufficient for such
operations; and
(C) conduct the timing of such training so as to
ensure that the first group of trainee members of the
Israeli Air Force is anticipated to complete the
training not later than 2 weeks after the date on which
the first KC-46 aircraft is delivered to Israel.
(2) United states air force military personnel exchange
program.--The Secretary of Defense shall, with respect to
members of the Israeli Air Force associated with the operation
of KC-46 aircraft--
(A) before the completion of the training required
by paragraph (1)(B), authorize the participation of
such members of the Israeli Air Force in the United
States Air Force Military Personnel Exchange Program;
(B) make available billets in the United States Air
Force Military Personnel Exchange Program necessary for
such members of the Israeli Air Force to participate in
such program; and
(C) to the extent practicable, ensure that such
members of the Israeli Air Force are able to
participate in the United States Air Force Military
Personnel Exchange Program immediately after such
members complete such training.
(3) Termination.--This subsection shall cease to have
effect on the date that is ten years after the date of the
enactment of this Act.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing that includes the following:
(1) An assessment of--
(A) the current operational requirements of the
Government of Israel for aerial refueling; and
(B) any gaps in current or near-term capabilities.
(2) The estimated date of delivery to Israel of KC-46
aircraft procured by the Government of Israel.
(3) A detailed description of--
(A) any actions the United States Government is
taking to expedite the delivery to Israel of KC-46
aircraft procured by the Government of Israel, while
minimizing adverse impacts to United States defense
readiness, including strategic forces readiness;
(B) any additional actions the United States
Government could take to expedite such delivery; and
(C) additional authorities Congress could provide
to help expedite such delivery.
(4) A description of the availability of any United States
aerial refueling tanker aircraft that is retired or is expected
to be retired during the two-year period beginning on the date
of the enactment of this Act that could be provided to Israel.
(c) Forward Deployment of United States KC-46 Aircraft to Israel.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing that describes the capacity of
and requirements for the United States Air Force to forward
deploy KC-46 aircraft to Israel on a rotational basis until the
date on which a KC-46 aircraft procured by the Government of
Israel is commissioned into the Israeli Air Force and achieves
full combat capability.
(2) Rotational forces.--
(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary of Defense shall, consistent with
maintaining United States defense readiness,
rotationally deploy one or more KC-46 aircraft to
Israel until the earlier of--
(i) the date on which a KC-46 aircraft
procured by the military forces of Israel is
commissioned into such military forces and
achieves full combat capability; or
(ii) five years after the date of the
enactment of this Act.
(B) Limitation.--The Secretary of Defense may only
carry out a rotational deployment under subparagraph
(A) if the Government of Israel consents to the
deployment.
(C) Presence.--The Secretary of Defense shall
consult with the Government of Israel to determine the
length of rotational deployments of United States KC-46
aircraft to Israel until the applicable date under
subparagraph (A).
SEC. 1313. REPORT ON COORDINATION WITH PRIVATE ENTITIES AND STATE
GOVERNMENTS WITH RESPECT TO THE STATE PARTNERSHIP
PROGRAM.
(a) In General.-- The Secretary of Defense shall submit to Congress
a report on the feasibility of coordinating with private entities and
State governments to provide resources and personnel to support
technical exchanges under the Department of Defense State Partnership
Program established under section 341 of title 10, United States Code.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of the limitations of the State Partnership
Program.
(2) The types of personnel and expertise that could be
helpful to partner country participants in the State
Partnership Program.
(3) Any authority needed to leverage such expertise from
private entities and State governments, as applicable.
Subtitle B--Matters Relating to Syria, Iraq, and Iran
SEC. 1321. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended, in
the matter preceding paragraph (1), by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
(b) Limitation on Cost of Construction and Repair Projects.--
Subsection (l)(3) of such section is amended--
(1) in subparagraph (A), by striking ``The President'' and
all that follows through ``if the President'' and inserting
``The Secretary of Defense may waive the limitations under
paragraph (1) for the purposes of providing support under
subsection (a)(4) if the Secretary'';
(2) by striking subparagraph (B);
(3) in subparagraph (C), by striking ``as required by
subparagraph (B)(ii)(I)'';
(4) in subparagraph (D), by striking ``December 31, 2023''
and inserting ``December 31, 2024''; and
(5) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
SEC. 1322. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113
note) is amended--
(1) by striking ``fiscal year 2023'' and inserting ``fiscal
year 2024''; and
(2) by striking ``$25,000,000'' and inserting
``$18,000,000''.
(b) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2023'' and inserting ``fiscal year 2024''.
SEC. 1323. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended, in
the matter preceding paragraph (1)--
(1) by inserting ``equipment and training to counter
threats from unmanned aerial systems,'' before ``and
sustainment''; and
(2) by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
(b) Funding.--Subsection (g) of such section is amended by striking
``Overseas Contingency Operations for fiscal year 2023, there are
authorized to be appropriated $358,000,000'' and inserting ``fiscal
year 2024, there is authorized to be appropriated $241,950,000''.
(c) Foreign Contributions.--Subsection (h) of such section is
amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Use of contributions.--The limitations on costs under
subsections (a) and (m) shall not apply with respect to the
expenditure of foreign contributions in excess of such
limitations.''.
(d) Waiver Authority.--Subsection (o) of such section is amended--
(1) in paragraph (1), by striking ``The President'' and all
that follows through ``if the President'' and inserting ``The
Secretary of Defense may waive the limitations on costs under
subsection (a) or (m) if the Secretary'';
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ``as required by
paragraph (3)(B)(i)'';
(4) in paragraph (5), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''; and
(5) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(e) Notification of Provision of Counter Unmanned Aerial Systems
Training and Assistance.--Such section is further amended by adding at
the end the following new subsection:
``(p) Notification of Provision of Counter Unmanned Aerial Systems
Training and Assistance.--
``(1) In general.--Not later than 30 days after providing
assistance under this section for countering threats from
unmanned aerial systems, the Secretary of Defense shall notify
the appropriate congressional committees of such provision of
assistance.
``(2) Elements.--The notification required by paragraph (1)
shall include the following:
``(A) An identification of the military forces
being provided such assistance.
``(B) A description of the type of such assistance,
including the types of training and equipment, being
provided.''.
SEC. 1324. BRIEFING ON NUCLEAR CAPABILITY OF IRAN.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall provide the Committees on Armed Services
of the Senate and the House of Representatives with--
(1) a briefing on--
(A) threats to global security posed by the nuclear
weapon capability of Iran; and
(B) progress made by Iran in enriching uranium at
levels proximate to or exceeding weapons grade; and
(2) recommendations for actions the United States may take
to ensure that Iran does not acquire a nuclear weapon
capability.
SEC. 1325. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR DETAINED
ISIS MEMBERS AND RELEVANT POPULATIONS IN SYRIA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on the Judiciary,
the Committee on Banking, Housing, and Urban Affairs,
the Select Committee on Intelligence, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on the Judiciary, the
Committee on Financial Services, the Permanent Select
Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
(2) ISIS member.--The term ``ISIS member'' means a person
who was part of, or substantially supported, the Islamic State
in Iraq and Syria.
(3) Senior coordinator.--The term ``Senior Coordinator''
means the coordinator for detained ISIS members and relevant
displaced populations in Syria designated under subsection (a)
of section 1224 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as
amended by subsection (d).
(b) Sense of Congress.--
It is the sense of Congress that--
(A) ISIS detainees held by the Syrian Democratic
Forces and ISIS-affiliated individuals located within
displaced persons camps in Syria pose a significant and
growing humanitarian challenge and security threat to
the region;
(B) the vast majority of individuals held in
displaced persons camps in Syria are women and
children, approximately 50 percent of whom are under
the age of 12 at the al-Hol camp, and they face
significant threats of violence and radicalization, as
well as lacking access to adequate sanitation and
health care facilities;
(C) there is an urgent need to seek a sustainable
solution to such camps through repatriation and
reintegration of the inhabitants;
(D) the United States should work closely with
international allies and partners to facilitate the
repatriation and reintegration efforts required to
provide a long-term solution for such camps and prevent
the resurgence of ISIS; and
(E) if left unaddressed, such camps will continue
to be drivers of instability that jeopardize the long-
term prospects for peace and stability in the region.
(c) Statement of Policy.--It is the policy of the United States
that--
(1) ISIS-affiliated individuals located within displacement
camps in Syria, and other inhabitants of displacement camps in
Syria, be repatriated and, where appropriate, prosecuted, or
where possible, reintegrated into their country of origin,
consistent with all relevant domestic laws and applicable
international laws prohibiting refoulement; and
(2) the camps will be closed as soon as is practicable.
(d) Modification of Establishment of Coordinator for Detained ISIS
Members and Relevant Displaced Populations in Syria.--Section 1224 of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1642) is amended--
(1) by striking subsection (a);
(2) by amending subsection (b) to read as follows:
``(a) Designation.--
``(1) In general.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Attorney General, shall designate an
existing official to serve within the executive branch as
senior-level coordinator to coordinate, in conjunction with
other relevant agencies, matters related to ISIS members who
are in the custody of the Syrian Democratic Forces and other
relevant displaced populations in Syria, including--
``(A) by engaging foreign partners to support the
repatriation and disposition of such individuals,
including by encouraging foreign partners to
repatriate, transfer, investigate, and prosecute such
ISIS members, and share information;
``(B) coordination of all multilateral and
international engagements led by the Department of
State and other agencies that are related to the
current and future handling, detention, and prosecution
of such ISIS members;
``(C) the funding and coordination of the provision
of technical and other assistance to foreign countries
to aid in the successful investigation and prosecution
of such ISIS members, as appropriate, in accordance
with relevant domestic laws, international humanitarian
law, and other internationally recognized human rights
and rule of law standards;
``(D) coordination of all multilateral and
international engagements related to humanitarian
access and provision of basic services to, and freedom
of movement and security and safe return of, displaced
persons at camps or facilities in Syria that hold
family members of such ISIS members;
``(E) coordination with relevant agencies on
matters described in this section; and
``(F) any other matter the President considers
relevant.
``(2) Rule of construction.--If, on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2024, an individual has already been designated,
consistent with the requirements and responsibilities described
in paragraph (1), the requirements under that paragraph shall
be considered to be satisfied with respect to such individual
until the date on which such individual no longer serves as the
Senior Coordinator.'';
(3) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(4) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(5) in subsection (e), by striking ``January 31, 2021'' and
inserting ``January 31, 2025'';
(6) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Senior coordinator.--The term `Senior Coordinator'
means the individual designated under subsection (a).''; and
(C) by adding at the end the following new
paragraph:
``(4) Relevant agencies.--The term `relevant agencies'
means--
``(A) the Department of State;
``(B) the Department of Defense;
``(C) the Department of the Treasury;
``(D) the Department of Justice;
``(E) the United States Agency for International
Development;
``(F) the Office of the Director of National
Intelligence; and
``(G) any other agency the President considers
relevant.''; and
(7) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively.
(e) Strategy on ISIS-Related Detainee and Displacement Camps in
Syria.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, the Director of
National Intelligence, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Attorney General, shall submit to the
appropriate committees of Congress an interagency strategy with
respect to ISIS-affiliated individuals and ISIS-related
detainee and other displaced persons camps in Syria.
(2) Elements.--The strategy required by paragraph (1) shall
include--
(A) methods to address--
(i) disengagement from and prevention of
recruitment into violence, violent extremism,
and other illicit activity in such camps;
(ii) efforts to encourage and facilitate
repatriation and, as appropriate, investigation
and prosecution of foreign nationals from such
camps, consistent with all relevant domestic
and applicable international laws;
(iii) the return and reintegration of
displaced Syrian and Iraqi women and children
into their communities of origin;
(iv) international engagement to develop
processes for repatriation and reintegration of
foreign nationals from such camps;
(v) contingency plans for the relocation of
detained and displaced persons who are not able
to be repatriated from such camps;
(vi) efforts to improve the humanitarian
conditions in such camps, including through the
delivery of medicine, psychosocial support,
clothing, education, and improved housing; and
(vii) assessed humanitarian and security
needs of all camps and detainment facilities
based on prioritization of such camps and
facilities most at risk of humanitarian crises,
external attacks, or internal violence;
(B) an assessment of--
(i) rehabilitation centers in northeast
Syria, including humanitarian conditions and
processes for admittance and efforts to improve
both humanitarian conditions and admittance
processes for such centers and camps, as well
as on the prevention of youth radicalization;
and
(ii) processes for being sent to, and
resources directed towards, rehabilitation
centers and programs in countries that receive
returned ISIS affiliated individuals, with a
focus on the prevention of radicalization of
minor children;
(C) a plan to improve, in such camps--
(i) security conditions, including by
training of personnel and through construction;
and
(ii) humanitarian conditions;
(D) a framework for measuring progress of
humanitarian, security, and repatriation efforts with
the goal of closing such camps; and
(E) any other matter the Secretary of State
considers appropriate.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex that is transmitted separately.
(f) Annual Interagency Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter through January 31, 2025, the Senior
Coordinator, in coordination with the relevant agencies, shall
submit to the appropriate committees of Congress a detailed
report that includes the following:
(A) A detailed description of the facilities and
camps where detained ISIS members, and families with
perceived ISIS affiliation, are being held and housed,
including--
(i) a description of the security and
management of such facilities and camps;
(ii) an assessment of resources required
for the security of such facilities and camps;
(iii) an assessment of the adherence by the
operators of such facilities and camps to
international humanitarian law standards; and
(iv) an assessment of children held within
such facilities and camps that may be used as
part of smuggling operations to evade security
at the facilities and camps.
(B) A description of all efforts undertaken by, and
the resources needed for, the United States Government
to address deficits in the humanitarian environment and
security of such facilities and camps.
(C) A description of all multilateral and
international engagements related to humanitarian
access and provision of basic services to, and freedom
of movement and security and safe return of, displaced
persons at camps or facilities in Iraq, Syria, and any
other area affected by ISIS activity, including a
description of--
(i) support for efforts by the Syrian
Democratic Forces to facilitate the return and
reintegration of displaced people from Iraq and
Syria;
(ii) repatriation efforts with respect to
displaced women and children and male children
aging into adults while held in these
facilities and camps;
(iii) any current or future potential
threat to United States national security
interests posed by detained ISIS members or
displaced families, including an analysis of
the al-Hol camp and annexes; and
(iv) United States Government plans and
strategies to respond to any threat identified
under clause (iii).
(D) The number of individuals repatriated from the
custody of the Syrian Democratic Forces.
(E) An analysis of factors on the ground in Syria
and Iraq that may result in the unintended release of
detained or displaced ISIS members, and an assessment
of any measures available to mitigate such releases.
(F) A detailed description of efforts to encourage
the final disposition and security of detained or
displaced ISIS members with other countries and
international organizations.
(G) A description of foreign repatriation and
rehabilitation programs deemed successful systems to
model, and an analysis of the long-term results of such
programs.
(H) A description of the manner in which the United
States Government communicates regarding repatriation
and disposition efforts with the families of United
States citizens believed to have been victims of a
criminal act by a detained or displaced ISIS member, in
accordance with section 503(c) of the Victims' Rights
and Restitution Act of 1990 (34 U.S.C. 20141(c)) and
section 3771 of title 18, United States Code.
(I) An analysis of all efforts between the United
States and partner countries within the Global
Coalition to Defeat ISIS or other countries to share
related information that may aid in resolving the final
disposition of ISIS members, and any obstacles that may
hinder such efforts.
(J) Any other matter the Coordinator considers
appropriate.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex that is transmitted separately.
(g) Rule of Construction.--Nothing in this section, or an amendment
made by this section, may be construed--
(1) to limit the authority of any Federal agency to
independently carry out the authorized functions of such
agency; or
(2) to impair or otherwise affect the activities performed
by that agency as granted by law.
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 1331. EXTENSION AND MODIFICATION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) Funding.--Subsection (f) of section 1250 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1068) is amended--
(1) in the matter preceding paragraph (1), by striking
``for overseas contingency operations''; and
(2) by adding at the end the following new paragraph:
``(9) For fiscal year 2024, $300,000,000.''.
(b) Termination of Authority.--Subsection (h) of such section is
amended by striking ``December 31, 2024'' and inserting ``December 31,
2027''.
SEC. 1332. EXTENSION AND MODIFICATION OF TRAINING FOR EASTERN EUROPEAN
NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL
EXERCISES.
Section 1251 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended--
(1) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(C) The Republic of Kosovo.''; and
(2) in subsection (h)--
(A) in the first sentence, by striking ``December
31, 2024'' and inserting ``December 31, 2026''; and
(B) in the second sentence, by striking ``December
31, 2024.'' and inserting ``December 31, 2026''.
SEC. 1333. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS RELATING
TO SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
INTERNATIONALLY RECOGNIZED TERRITORY OF UKRAINE.
Section 1245(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended
by striking ``None of the funds'' and all that follows through ``2023''
and inserting ``None of the funds authorized to be appropriated for
fiscal year 2023 or 2024''.
SEC. 1334. EXTENSION AND MODIFICATION OF TEMPORARY AUTHORIZATIONS
RELATED TO UKRAINE AND OTHER MATTERS.
Section 1244 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in subsection (a)(7), by striking ``September 30,
2024'' and inserting ``September 30, 2025''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or fiscal year 2024'' after ``fiscal year
2023'';
(B) in subparagraph (P), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (Q), by striking the period at
the end and inserting ``; and''; and
(D) by inserting at the end the following new
subparagraphs:
``(R) 3,300 Tomahawk Cruise Missiles;
``(S) 1,100 Precision Strike Missiles (PrSM);
``(T) 550 Mark 48 Torpedoes;
``(U) 1,650 RIM-162 Evolved Sea Sparrow Missiles
(ESSM);
``(V) 1,980 RIM-116 Rolling Airframe Missiles
(RAM); and
``(W) 11,550 Small Diameter Bomb IIs (SDB-II).''.
SEC. 1335. PRIORITIZATION FOR BASING, TRAINING, AND EXERCISES IN NORTH
ATLANTIC TREATY ORGANIZATION MEMBER COUNTRIES.
(a) In General.--Subject to subsection (b), when considering
decisions related to United States military basing, training, and
exercises, the Secretary of Defense shall prioritize those North
Atlantic Treaty Organization member countries that have achieved
defense spending of not less than 2 percent of their gross domestic
product by 2024.
(b) Waiver.--The Secretary of Defense may waive subsection (a) if
the Secretary submits a certification to the congressional defense
committees that a waiver is in the national security interests of the
United States.
SEC. 1336. STUDY AND REPORT ON LESSONS LEARNED REGARDING INFORMATION
OPERATIONS AND DETERRENCE.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to
enter into a contract or other agreement with an eligible
entity to conduct an independent study on lessons learned from
information operations conducted by the United States, Ukraine,
the Russian Federation, and member countries of the North
Atlantic Treaty Organization during the lead-up to the Russian
Federation's full-scale invasion of Ukraine in 2022 and
throughout the conflict.
(2) Element.--The study required by paragraph (1) shall
include recommendations for improvements to United States
information operations to enhance effectiveness, as well as
recommendations on how information operations may be improved
to support the maintenance of deterrence.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study in its
entirety, along with any such comments as the Secretary
considers relevant.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Eligible Entity Defined.--In this section, the term ``eligible
entity''--
(1) means an entity independent of the Department of
Defense that is not under the direction or control of the
Secretary of Defense; and
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
SEC. 1337. REPORT ON PROGRESS ON MULTI-YEAR STRATEGY AND PLAN FOR THE
BALTIC SECURITY INITIATIVE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the congressional defense
committees a report on the progress made in the implementation of the
multi-year strategy and spending plan set forth in the June 2021 report
of the Department of Defense entitled ``Report to Congress on the
Baltic Security Initiative''.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of any significant change to the
goals, objectives, and milestones identified in the June 2021
report described in subsection (a), in light of the radically
changed security environment in the Baltic region after the
full-scale invasion of Ukraine by the Russian Federation on
February 24, 2022, and with consideration to enhancing the
deterrence and defense posture of the North Atlantic Treaty
Organization in the Baltic region, including through the
implementation of the regional defense plans of the North
Atlantic Treaty Organization.
(2) An update on the Department of Defense funding
allocated for such strategy and spending plan for fiscal years
2022 and 2023 and projected funding requirements for fiscal
years 2024, 2025, and 2026 for each goal identified in such
report.
(3) An update on the host country funding allocated and
planned for each such goal.
(4) An assessment of the progress made in the
implementation of the recommendations set forth in the fiscal
year 2020 Baltic Defense Assessment, and reaffirmed in the June
2021 report described in subsection (a), that each Baltic
country should--
(A) increase its defense budget;
(B) focus on and budget for sustainment of
capabilities in defense planning; and
(C) consider combined units for expensive
capabilities such as air defense, rocket artillery, and
engineer assets.
SEC. 1338. SENSE OF THE SENATE ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of the Senate that--
(1) the success of the North Atlantic Treaty Organization
is critical to advancing United States national security
objectives in Europe, the Indo-Pacific region, and around the
world;
(2) the North Atlantic Treaty Organization remains the
strongest and most successful military alliance in the world,
founded on a commitment by its members to uphold the principles
of democracy, individual liberty, and the rule of law;
(3) the United States reaffirms its ironclad commitment--
(A) to the North Atlantic Treaty Organization as
the foundation of transatlantic security; and
(B) to upholding its obligations under the North
Atlantic Treaty, including Article 5;
(4) the unprovoked and illegal invasion of Ukraine by the
Russian Federation has upended security in Europe and requires
the full attention of the transatlantic alliance;
(5) welcoming Finland as the 31st member of the North
Atlantic Treaty Organization has made the North Atlantic Treaty
Organization Alliance stronger and the remaining North Atlantic
Treaty Organization member countries should swiftly ratify the
accession protocols of Sweden so as to bolster the collective
security of the North Atlantic Treaty Organization by
increasing the security and stability of the Baltic Sea region
and Northern Europe;
(6) the North Atlantic Treaty Organization member countries
that have not yet met the two-percent defense spending pledge,
as agreed to at the 2014 Wales Summit, should endeavor to meet
the timeline as expeditiously as possible, but certainly within
the five-year period beginning on the date of the enactment of
this Act;
(7) the United States and North Atlantic Treaty
Organization allies and partners should continue efforts to
identify, synchronize, and deliver needed assistance to Ukraine
as Ukraine continues the fight against the illegal and unjust
war of the Russian Federation;
(8) the Strategic Concept, agreed to by all North Atlantic
Treaty Organization member countries at the Madrid Summit in
2022, outlined the focus of the North Atlantic Treaty
Organization for the upcoming decade, and North Atlantic Treaty
Organization allies should continue to implement the strategies
outlined, including by making efforts to address the challenges
posed by the coercive policies of the People's Republic of
China that undermine the interests, security, and shared values
of the North Atlantic Treaty Organization Alliance;
(9) the United States and North Atlantic Treaty
Organization allies should continue long-term efforts--
(A) to improve interoperability among the military
forces of member countries of the North Atlantic Treaty
Organization so as to enhance collective operations,
including the divestment of Soviet-era capabilities;
(B) to enhance security sector cooperation and
explore opportunities to reinforce civil sector
preparedness and resilience measures that may be likely
targets of malign influence campaigns;
(C) to mitigate the impact of hybrid warfare
operations, particularly those in the information and
cyber domains; and
(D) to expand joint research and development
initiatives with a focus on emerging technologies such
as quantum computing, artificial intelligence, and
machine learning, including through the work of the
Defence Innovation Accelerator for the North Atlantic
initiative (commonly known as ``DIANA'');
(10) the European Deterrence Initiative remains critically
important and has demonstrated its unique value to the United
States and North Atlantic Treaty Organization allies during the
current Russian Federation-created war against Ukraine;
(11) the United States should continue to work with North
Atlantic Treaty Organization allies, and other allies and
partners, to build permanent mechanisms to strengthen supply
chains, enhance supply chain security, and fill supply chain
gaps;
(12) the United States should prioritize collaboration with
North Atlantic Treaty Organization allies to secure enduring
and robust critical munitions supply chains so as to increase
military readiness;
(13) the United States and the North Atlantic Treaty
Organization should expand cooperation efforts on cybersecurity
issues to prevent adversaries and criminals from compromising
critical systems and infrastructure; and
(14) it is in the interest of the United States that the
North Atlantic Treaty Organization adopt a robust strategy
toward the Black Sea, and the United States should also
consider working with interested partner countries to advance a
coordinated strategy inclusive of diverse elements of
transatlantic security architecture in the Black Sea region.
SEC. 1339. SENSE OF THE SENATE ON DEFENCE INNOVATION ACCELERATOR FOR
THE NORTH ATLANTIC (DIANA) IN THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of the Senate that--
(1) the new initiative within the North Atlantic Treaty
Organization (NATO) to establish a new research and development
initiative, known as the Defence Innovation Accelerator for the
North Atlantic (DIANA), is an important step in aligning the
industry and academic innovation communities of the NATO member
states towards common goals for identifying, experimenting, and
transitioning critical technologies of importance to NATO;
(2) DIANA will spur increased defense research and
development funding to rapidly adapt to a new era of strategic
competition by bringing defense personnel together with NATO's
leading entrepreneurs and academic researchers;
(3) DIANA will also increase opportunities for engagement
on NATO's priority technology areas, including artificial
intelligence, data, autonomy, quantum-enabled technologies,
biotechnology, hypersonic technologies, space, novel materials
and manufacturing, and energy and propulsion; and
(4) through DIANA, NATO allies will foster innovative
ecosystems and develop talent for dual use technologies to
maintain NATO's strategic advantage.
SEC. 1340. SENSE OF THE SENATE REGARDING THE ARMING OF UKRAINE.
It is the sense of the Senate that Ukraine would derive military
benefit from the provision of munitions such as the dual-purpose
improved conventional munition (DPICM). Such weapons could be fired
from systems in the existing Ukrainian inventory and would enhance
Ukraine's stockpile of available munitions and would bolster Ukraine's
efforts to end Russia's illegal and unjust war. The Department of
Defense, in concert with the other members of the Ukraine Defense
Contract Group, should continue to support Ukraine's brave fight to
defeat the invasion of the Russian Federation. The Department of
Defense, in close coordination with the State Department, should assess
the feasibility and advisability of providing such munitions, including
giving appropriate attention to humanitarian considerations, including
supporting Ukraine's effort to end the widespread suffering of the
Ukrainian people by bringing Russia's war of choice to an end as soon
as possible on terms favorable to Ukraine, as well as the views of
other members of the Ukraine Defense Contract Group.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 1341. INDO-PACIFIC CAMPAIGNING INITIATIVE.
(a) In General.--The Secretary of Defense shall establish, and the
Commander of the United States Indo-Pacific Command shall carry out, an
Indo-Pacific Campaigning Initiative (in this section referred to as the
``Initiative'') for purposes of--
(1) strengthening United States alliances and partnerships
with foreign military partners in the Indo-Pacific region;
(2) deterring military aggression by potential adversaries
against the United States and allies and partners of the United
States;
(3) dissuading strategic competitors from seeking to
achieve their objectives through the conduct of military
activities below the threshold of traditional armed conflict;
(4) improving the understanding of the United States Armed
Forces with respect to the operating environment in the Indo-
Pacific region;
(5) shaping the perception of potential adversaries with
respect to United States military capabilities and the military
capabilities of allies and partners of the United States in the
Indo-Pacific region; and
(6) improving the ability of the United States Armed Forces
to coordinate and operate with foreign military partners in the
Indo-Pacific region.
(b) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2024, the Secretary
shall provide the congressional defense committees with a
briefing that describes ongoing and planned campaigning
activities in the Indo-Pacific region for fiscal year 2024.
(2) Report.--Not later than December 1, 2024, the Secretary
shall submit to the congressional defense committees a report
that--
(A) summarizes the campaigning activities conducted
in the Indo-Pacific region during fiscal year 2024; and
(B) includes--
(i) a value assessment of each such
activity;
(ii) lessons learned in carrying out such
activities;
(iii) any identified resource or authority
gap that has negatively impacted the
implementation of the Initiative; and
(iv) proposed plans for additional
campaigning activities in the Indo-Pacific
region to fulfill the purposes described in
subsection (a).
(c) Campaigning Defined.--In this section, the term
``campaigning''--
(1) means the conduct and sequencing of logically linked
military activities to achieve strategy-aligned objectives,
including modifying the security environment over time to the
benefit of the United States and the allies and partners of the
United States while limiting, frustrating, and disrupting
competitor activities; and
(2) includes deliberately planned military activities in
the Indo-Pacific region involving bilateral and multilateral
engagements with foreign partners, training, exercises,
demonstrations, experiments, and other activities to achieve
the objectives described in subsection (a).
SEC. 1342. TRAINING, ADVISING, AND INSTITUTIONAL CAPACITY-BUILDING
PROGRAM FOR MILITARY FORCES OF TAIWAN.
(a) Establishment.--Consistent with the Taiwan Relations Act (22
U.S.C. 3301 et seq.) and the Taiwan Enhanced Resilience Act (subtitle A
of title LV of Public Law 117-263), the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation with
appropriate officials of Taiwan, shall establish a comprehensive
training, advising, and institutional capacity-building program for the
military forces of Taiwan using the authorities provided in chapter 16
of title 10, United States Code, and other applicable statutory
authorities available to the Secretary of Defense.
(b) Purposes.--The purposes of the program established under
subsection (a) shall be--
(1) to enable a layered defense of Taiwan by the military
forces of Taiwan, including in support of the use of an
asymmetric defense strategy;
(2) to enhance interoperability between the United States
Armed Forces and the military forces of Taiwan;
(3) to encourage information sharing between the United
States Armed Forces and the military forces of Taiwan;
(4) to promote joint force employment; and
(5) to improve professional military education and the
civilian control of the military.
(c) Elements.--The program established under subsection (a) shall
include efforts to improve--
(1) the tactical proficiency of the military forces of
Taiwan;
(2) the operational employment of the military forces of
Taiwan to conduct a layered defense of Taiwan, including in
support of an asymmetric defense strategy;
(3) the employment of joint military capabilities by the
military forces of Taiwan, including through joint military
training, exercises, and planning;
(4) the reform and integration of the reserve military
forces of Taiwan;
(5) the use of defense articles and services transferred
from the United States to Taiwan;
(6) the integration of the military forces of Taiwan with
relevant civilian agencies, including the All-Out Defense
Mobilization Agency;
(7) the ability of Taiwan to participate in bilateral and
multilateral military exercises, as appropriate;
(8) the defensive cyber capabilities and practices of the
Ministry of National Defense of Taiwan; and
(9) any other matter the Secretary of Defense considers
relevant.
(d) Deconfliction, Coordination, and Concurrence.--The Secretary of
Defense shall deconflict, coordinate, and seek the concurrence of the
Secretary of State and the heads of other relevant departments and
agencies with respect to activities carried out under the program
required by subsection (a), in accordance with the requirements of the
authorities provided in chapter 16 of title 10, United States Code, and
other applicable statutory authorities available to the Secretary of
Defense.
(e) Reporting.--As part of each annual report on Taiwan defensive
military capabilities and intelligence support required by section 1248
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1988), the Secretary of Defense shall provide--
(1) an update on efforts made to address each element under
subsection (c); and
(2) an identification of any authority or resource
shortfall that inhibits such efforts.
SEC. 1343. INDO-PACIFIC MARITIME DOMAIN AWARENESS INITIATIVE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall seek to establish an initiative with
allies and partners of the United States, including Australia, Japan,
and India, to be known as the ``Indo-Pacific Maritime Domain Awareness
Initiative'' (in this section referred to as the ``Initiative''), to
bolster maritime domain awareness in the Indo-Pacific region.
(b) Use of Authorities.--In carrying out the Initiative, the
Secretary of Defense may use the authorities provided in chapter 16 of
title 10, United States Code, and other applicable statutory
authorities available to the Secretary of Defense.
(c) Purposes.--The purposes of the Initiative are as follows:
(1) To enhance the ability of allies and partners of the
United States in the Indo-Pacific region to fully monitor the
maritime domain of such region.
(2) To leverage emerging technologies to support maritime
domain awareness objectives.
(3) To provide a comprehensive understanding of the
maritime domain in the Indo-Pacific region, including by
facilitating information sharing among such allies and
partners.
(d) Report.--Not later than March 1, 2024, the Secretary of Defense
shall submit to the congressional defense committees a report that
outlines ongoing and planned activities of the Initiative, and the
resources needed to carry out the such activities, for fiscal year
2025.
SEC. 1344. EXTENSION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act
for Fiscal Year 2023'' and inserting ``the National Defense
Authorization Act for Fiscal Year 2024''; and
(2) by striking ``fiscal year 2023'' and inserting ``fiscal
year 2024''.
(b) Report on Resourcing United States Defense Requirements for the
Indo-Pacific Region and Study on Competitive Strategies.--Subsection
(d)(1)(A) of such section is amended by striking ``fiscal years 2023
and 2024'' and inserting ``fiscal years 2024 and 2025''.
SEC. 1345. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3955) is amended by striking ``fiscal year 2023'' and inserting
``fiscal year 2024''.
SEC. 1346. EXTENSION AND MODIFICATION OF PILOT PROGRAM TO IMPROVE CYBER
COOPERATION WITH FOREIGN MILITARY PARTNERS IN SOUTHEAST
ASIA.
(a) In General.--Subsection (a) of section 1256 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3956; 10 U.S.C. 333 note) is
amended--
(1) in the matter preceding paragraph (1), by striking ``in
Vietnam, Thailand, and Indonesia'' and inserting ``with covered
foreign military partners'';
(2) in paragraph (1), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military
partners''; and
(3) in paragraph (2), by striking ``Vietnam, Thailand, and
Indonesia on'' and inserting ``covered foreign military
partners on defensive''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military
partners''; and
(2) in paragraph (2), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military
partners''.
(c) Reports.--Subsection (c)(2)(B) of such title is amended by
striking ``Vietnam, Thailand, and Indonesia'' and inserting ``covered
foreign military partners''.
(d) Certification.--Subsection (d) of such section is amended--
(1) by inserting ``with any covered foreign military
partner'' after ``scheduled to commence''; and
(2) by striking ``Vietnam, Indonesia, or Thailand'' and
inserting ``the covered foreign military partner''.
(e) Extension.--Subsection (e) of such section is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2029''.
(f) Definitions.--Subsection (f) of such section is amended to read
as follows:
``(f) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
``(2) Covered foreign military partner.--The term `covered
foreign military partner' means the following:
``(A) Vietnam.
``(B) Thailand.
``(C) Indonesia.
``(D) The Philippines.
``(E) Malaysia.''.
(g) Conforming Amendments.--
(1) Section 1256 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended, in
the section heading, by striking ``vietnam, thailand, and
indonesia'' and inserting ``covered foreign military partners
in southeast asia''.
(2) The table of contents for the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3388) is amended by
striking the item relating to section 1256 and inserting the
following:
``Sec. 1256. Pilot program to improve cyber cooperation with covered
foreign military partners in Southeast
Asia.''.
(3) The table of contents for title XII of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3905) is amended by
striking the item relating to section 1256 and inserting the
following:
``Sec. 1256. Pilot program to improve cyber cooperation with covered
foreign military partners in Southeast
Asia.''.
SEC. 1347. EXTENSION AND MODIFICATION OF CERTAIN TEMPORARY
AUTHORIZATIONS.
(a) In General.--Section 1244 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2844) is amended--
(1) in the section heading, by striking ``other matters''
and inserting ``taiwan''; and
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``or
the Government of Taiwan'' after ``the
Government of Ukraine''; and
(ii) in subparagraph (C), by inserting ``or
the Government of Taiwan'' after ``the
Government of Ukraine'';
(B) in paragraph (5)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) the replacement of defense articles from
stocks of the Department of Defense provided to--
``(i) the Government of Ukraine;
``(ii) foreign countries that have provided
support to Ukraine at the request of the United
States;
``(iii) the Government of Taiwan; or
``(iv) foreign countries that have provided
support to Taiwan at the request of the United
States; or''; and
(ii) in subparagraph (B), by inserting ``or
the Government of Taiwan'' before the period at
the end;
(C) in paragraph (7), by striking ``September 30,
2024'' and inserting ``September 30, 2028'';
(D) by redesignating paragraph (7) as paragraph
(8); and
(E) by inserting after paragraph (6) the following
new paragraph (7):
``(7) Notification.--Not later than 7 days after the
exercise of authority under subsection (a) the Secretary of
Defense shall notify the congressional defense committees of
the specific authority exercises, the relevant contract, and
the estimated reductions in schedule.''.
(b) Clerical Amendments.--
(1) The table of contents at the beginning of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2395) is amended by striking the
item relating to section 1244 and inserting the following:
``Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.''.
(2) The table of contents at the beginning of title XII of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2820) is
amended by striking the item relating to section 1244 and
inserting the following:
``Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.''.
SEC. 1348. PLAN FOR ENHANCED SECURITY COOPERATION WITH JAPAN.
(a) In General.--Not later than June 1, 2024, the Secretary of
Defense, in coordination with the Secretary of State, shall submit to
the appropriate committees of Congress a plan for enhancing United
States security cooperation with Japan.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A plan for--
(A) increased bilateral training, exercises,
combined patrols, and other activities between the
United States Armed Forces and the Self-Defense Forces
of Japan;
(B) increasing multilateral military-to-military
engagements involving the United States Armed Forces,
the Self-Defense Forces of Japan, and the military
forces of other regional allies and partners, including
Australia, India, the Republic of Korea, and the
Philippines, as appropriate;
(C) increased sharing of intelligence and other
information, including the adoption of enhanced
security protocols;
(D) current mechanisms, processes, and plans to
coordinate and engage with the Joint Headquarters of
the Self-Defense Forces of Japan; and
(E) enhancing cooperation on advanced technology
initiatives, including artificial intelligence, cyber,
space, undersea, hypersonic, and related technologies.
(2) An analysis of the feasibility and advisability of--
(A) increasing combined planning efforts between
the United States and Japan to address potential
regional contingencies;
(B) modifying United States command structures in
Japan--
(i) to coordinate all United States
military activities and operations in Japan;
(ii) to complement similar changes by the
Self-Defense Forces of Japan; and
(iii) to facilitate integrated planning and
implementation of combined activities; and
(C) additional modifications to the force posture
of the United States Armed Forces in Japan, including
the establishment of additional main operating
locations, cooperative security locations, contingency
locations, and other forward operating sites.
(3) An identification of challenges to the implementation
of the plan required by subsection (a) and any recommended
legislative changes, resourcing requirements, bilateral
agreements, or other measures that would facilitate the
implementation of such plan.
(c) Form.--The plan required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 1349. PLAN FOR IMPROVEMENTS TO CERTAIN OPERATING LOCATIONS IN
INDO-PACIFIC REGION.
(a) Identification of Operating Locations.--
(1) In general.--The Secretary of Defense shall conduct a
classified survey to identify each United States operating
location within the area of responsibility of the United States
Indo-Pacific Command, including in the First, Second, and Third
Island Chains, that--
(A) may be used to respond militarily to aggression
by the People's Republic of China; and
(B) is considered to not be sufficiently capable of
mitigating damage to aircraft of the United States
Armed Forces in the event of a missile, aerial drone,
or other form of attack by the People's Republic of
China.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of the
survey under paragraph (1).
(b) Plan.--Not later than 60 days after the date on which the
report required by paragraph (2) of subsection (a) is submitted, the
Secretary shall submit to the congressional defense committees a plan--
(1) to implement improvements, as appropriate, to operating
locations identified under that subsection so as to increase
the survivability of aircraft of the United States Armed Forces
in the event of a missile, aerial drone, or other form of
attack b3y the People's Republic of China; and
(2) that includes an articulation of other means for
increasing survivability of such aircraft in the event of such
an attack, including dispersal and deception.
(c) Form.--The report and plan required by this section shall be
submitted in classified form.
SEC. 1350. STRATEGY FOR IMPROVING POSTURE OF GROUND-BASED THEATER-RANGE
MISSILES IN INDO-PACIFIC REGION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a strategy for improving the posture
of ground-based theater-range missile capabilities in the Indo-Pacific
region.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) An assessment of gaps in conventional ground-based
theater-range precision strike capabilities in the area of
responsibility of the United States Indo-Pacific Command.
(2) An identification of military requirements for
conventional ground-based theater-range missile systems,
including range, propulsion, payload, launch platform, weapon
effects, and other operationally relevant factors in the Indo-
Pacific region.
(3) An identification of prospective basing locations in
the area of responsibility of the United States Indo-Pacific
Command, including an articulation of the bilateral agreements
necessary to support such deployments.
(4) A description of operational concepts for employment,
including integration with short-range and multi-domain fires,
in denial operations in the Western Pacific.
(5) An identification of prospective foreign partners and
institutional mechanisms for co-development and co-production
of new theater-range conventional missiles.
(6) An assessment of the cost and schedule of developmental
ground-based theater-range missiles programs, including any
potential cost-sharing arrangements with foreign partners
through existing institutional mechanisms.
(7) The designation of a theater component commander or
joint task force commander within the United States Indo-
Pacific Command responsible for developing a theater missile
strategy.
(8) Any other matter the Secretary considers relevant.
(c) Form.--The strategy required by subsection (a) may be submitted
in classified form but shall include an unclassified summary.
(d) Ground-based Theater-range Missile Defined.--In this section,
the term ``ground-based theater-range missile'' means a conventional
mobile ground-launched ballistic or cruise missile system with a range
between 500 and 5,500 kilometers.
SEC. 1351. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--The Secretary of Defense, in coordination with the
Secretary of State and the head of any other relevant Federal
department or agency, shall seek to ensure that India is appropriately
considered for security cooperation benefits consistent with the status
of India as a major defense partner of the United States, including
with respect to the following lines of effort:
(1) Eligibility for funding to initiate or facilitate
cooperative research, development, testing, or evaluation
projects with the Department of Defense, with priority given to
projects in the areas of--
(A) artificial intelligence;
(B) undersea domain awareness;
(C) air combat and support;
(D) munitions; and
(E) mobility.
(2) Eligibility to enter into reciprocal agreements with
the Department of Defense for the cooperative provision of
training on a bilateral or multilateral basis in support of
programs for the purpose of building capacity in the areas of--
(A) counterterrorism operations;
(B) counter-weapons of mass destruction operations;
(C) counter-illicit drug trafficking operations;
(D) counter-transnational organized crime
operations;
(E) maritime and border security operations;
(F) military intelligence operations;
(G) air domain awareness operations; and
(H) cyberspace security and defensive cyberspace
operations.
(3) Eligibility to enter into a memorandum of understanding
or other formal agreement with the Department of Defense for
the purpose of conducting cooperative research and development
projects on defense equipment and munitions.
(4) Eligibility for companies from India to bid on
contracts for the maintenance, repair, or overhaul of
Department of Defense equipment located outside the United
States.
(b) Briefing.--Not later than March 1, 2024, the Secretary of
Defense, in coordination with the Secretary of State and the head of
any other relevant Federal department or agency, shall provide the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives with a briefing on the status of security cooperation
activities with India, including the lines of effort specified in
subsection (a).
SEC. 1352. MILITARY CYBERSECURITY COOPERATION WITH TAIWAN.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, with the concurrence of the
Secretary of State and in coordination with the Commander of the United
States Cyber Command and the Commander of the United States Indo-
Pacific Command, shall seek to engage with appropriate officials of
Taiwan for the purpose of expanding cooperation on military
cybersecurity activities using the authorities under chapter 16 of
title 10, United States Code, and other applicable statutory
authorities available to the Secretary of Defense.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the
military forces of Taiwan under subsection (a), the Secretary of
Defense may carry out efforts--
(1) to actively defend military networks, infrastructure,
and systems;
(2) to eradicate malicious cyber activity that has
compromised such networks, infrastructure, and systems;
(3) to leverage United States commercial and military
cybersecurity technology and services to harden and defend such
networks, infrastructure, and systems; and
(4) to conduct combined cybersecurity training activities
and exercises.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to the
appropriate committees of Congress a briefing on the
implementation of this section.
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) A description of the feasibility and
advisability of expanding the cooperation on military
cybersecurity activities between the Department of
Defense and the military forces of Taiwan.
(B) An identification of any challenges and
resources that need to be addressed so as to expand
such cooperation.
(C) An overview of efforts undertaken pursuant to
this section.
(D) Any other matter the Secretary considers
relevant.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1353. DESIGNATION OF SENIOR OFFICIAL FOR DEPARTMENT OF DEFENSE
ACTIVITIES RELATING TO, AND IMPLEMENTATION PLAN FOR,
SECURITY PARTNERSHIP AMONG AUSTRALIA, THE UNITED KINGDOM,
AND THE UNITED STATES.
(a) Designation of Senior Official.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense shall
designate a senior civilian official of the Department of Defense who
shall be responsible for overseeing Department of Defense activities
relating to the security partnership among Australia, the United
Kingdom, and the United States (commonly known as the ``AUKUS
partnership'').
(b) Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Administrator for Nuclear Security and
the Secretary of State, shall submit to the appropriate
committees of Congress an implementation plan outlining
Department efforts relating to the AUKUS partnership.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Timelines and major anticipated milestones for
the implementation of the AUKUS partnership.
(B) An identification of dependencies of such
milestones on defense requirements that are--
(i) unrelated to the AUKUS partnership; and
(ii) solely within the decisionmaking
responsibility of Australia or the United
Kingdom.
(C) Recommendations for adjustments to statutory
and regulatory export authorities or frameworks,
including technology transfer and protection, necessary
to efficiently implement the AUKUS partnership.
(D) A consideration of the implications of the plan
on the industrial base with respect to--
(i) the expansion of existing United States
submarine construction capacity to fulfill
United States, United Kingdom, and Australia
requirements;
(ii) acceleration of the restoration of
United States capabilities for producing highly
enriched uranium to fuel submarine reactors;
(iii) stabilization of commodity markets
and expanding supplies of high-grade steel,
construction materials, and other resources
required for improving shipyard condition and
expanding throughput capacity; and
(iv) coordination and synchronization of
industrial sourcing opportunities among
Australia, the United Kingdom, and the United
States.
(E) A description of resourcing and personnel
requirements, including the hiring of additional
foreign disclosure officers.
(F) A plan for improving information sharing,
including--
(i) recommendations for modifications to
foreign disclosure policies and processes;
(ii) the promulgation of written
information-sharing guidelines or policies to
improve information sharing under the AUKUS
partnership;
(iii) the establishment of an information
handling caveat specific to the AUKUS
partnership; and
(iv) the reduction in use of the Not
Releasable to Foreign Nations (NOFORN)
information handling caveat.
(G) Processes for the protection of privately held
intellectual property, including patents.
(H) A plan to leverage, for the AUKUS partnership,
any relevant existing cybersecurity or technology
partnership or cooperation activity between the United
States and the United Kingdom or between the United
States and Australia.
(I) Recommended updates to other statutory,
regulatory, policy, or process frameworks.
(J) Any other matter the Secretary of Defense
considers appropriate.
(c) Semiannual Updates.--Not later than 60 days after the date on
which the plan required by subsection (b) is submitted, and
semiannually thereafter on April 1 and October 1 each year through
2029, the senior civilian official designated under subsection (a)
shall provide the congressional defense committees with a briefing on
the status of all Department activities to implement the AUKUS
partnership.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committees on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1354. REPORT AND NOTIFICATION RELATING TO TRANSFER OF OPERATIONAL
CONTROL ON KOREAN PENINSULA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate committees of
Congress a report that--
(1) describes the conditions under which the military
forces of the Republic of Korea would be prepared to assume
wartime operational control of the United States and Republic
of Korea Combined Forces Command; and
(2) includes an assessment of the extent to which the
military forces of the Republic of Korea meet such conditions
as of the date on which the report is submitted.
(b) Notification.--
(1) In general.--Not later than 30 days before the date on
which wartime operational control of the United States and
Republic of Korea Combined Forces Command is transferred to the
Republic of Korea, the Secretary of Defense, in coordination
with the Secretary of State, shall notify the appropriate
committees of Congress of such transfer.
(2) Elements.--The notification required by paragraph (1)
shall include the following:
(A) An assessment of the extent to which the
military forces of the Republic of Korea meet the
conditions described in the report submitted under
subsection (a), including with respect to the
acquisition by the Republic of Korea of necessary
military capabilities to counter the capabilities of
the Democratic People's Republic of Korea.
(B) A description of the command relationship among
the United Nations Command, the United States and
Republic of Korea Combined Forces Command, the United
States Forces Korea, and the military forces of the
Republic of Korea.
(C) An assessment of the extent to which such
transfer impacts the security of the United States, the
Republic of Korea, and other regional allies and
partners.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1355. REPORT ON RANGE OF CONSEQUENCES OF WAR WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than December 1, 2024, the Director of
the Office of Net Assessment shall submit to the congressional defense
committees a report on the range of geopolitical and economic
consequences of a United States-People's Republic of China conflict in
2030.
(b) Elements.--The report required by subsection (a) shall--
(1) account for potential--
(A) attacks within the homelands of the United
States and the People's Republic of China, including
cyber threats and the potential disruption of critical
infrastructure;
(B) impacts on the United States Armed Forces and
the military forces of United States allies and
partners, including loss of life, capabilities, United
States force posture, and United States alliances in
the Indo-Pacific region;
(C) impacts on the military forces of the People's
Republic of China, including loss of life and
capabilities;
(D) impacts on the civilian populations of Japan,
Taiwan, Australia, and other countries in the Indo-
Pacific region;
(E) disruption of the global economy; and
(F) any other matter the Director of the Office of
Net Assessment considers relevant; and
(2) include a review of previous attempts in history to
forecast the consequences and costs of war.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(d) Briefing.--Not less than 14 days before the date on which the
report required by subsection (a) is submitted, the Director of the
Office of Net Assessment shall provide a briefing to the congressional
defense committees on the conclusions of the report.
SEC. 1356. STUDY AND REPORT ON COMMAND STRUCTURE AND FORCE POSTURE OF
UNITED STATES ARMED FORCES IN INDO-PACIFIC REGION.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct an independent study for the
purpose of improving the current command structure and force
posture of the United States Armed Forces in the area of
responsibility of the United States Indo-Pacific Command.
(2) Report to secretary.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center selected to conduct the
study required by paragraph (1) shall submit to the
Secretary a report on the findings of the study.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) An assessment of--
(I) the current command structure
of the United States Armed Forces in
the area of responsibility of the
United States Indo-Pacific Command;
(II) the current force posture,
basing, access, and overflight
agreements of the United States Armed
Forces in such area of responsibility;
and
(III) any operational or command
and control challenge resulting from
the geography, current force posture of
the United States Armed Forces, or
current command structure of the United
States Armed Forces in the area of
responsibility of the United States
Indo-Pacific Command.
(ii) Any recommendation for--
(I) adjustments to the force
posture of the United States Armed
Forces in such area of responsibility,
including an identification of any
additional basing, access, and
overflight agreement that may be
necessary in response to the changing
security environment in such area of
responsibility;
(II) modifying the current
organizational and command structure of
the United States Indo-Pacific Command,
including United States Forces Japan
and United States Forces Korea, in
response to such changing security
environment; or
(III) improving the ability to
better coordinate with allies and
partners during peacetime and conflict.
(b) Report to Congress.--
(1) In general.--Not later than February 1, 2025, the
Secretary shall submit to the congressional defense committees
an unaltered copy of the report submitted to the Secretary
under subsection (a)(2), together with the views of the
Secretary on the findings set forth in such report and any
corresponding recommendation.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(3) Public availability.--The Secretary shall make
available to the public the unclassified form of the report
required by paragraph (1).
SEC. 1357. STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE PEOPLE'S
REPUBLIC OF CHINA AND THE UNITED STATES.
(a) Studies Required.--
(1) Defense intelligence agency study.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense, acting through the Director of the Defense
Intelligence Agency, shall--
(A) complete a study on the defense budget of the
People's Republic of China;
(B) submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
the results of the study; and
(C) make the results of the study available to the
public on the internet website of the Department of
Defense.
(2) Secretary of defense study.--Not later than 90 days
after the date on which the study required by paragraph (1) is
submitted, the Secretary of Defense shall--
(A) complete a comparative study on the defense
budgets of the People's Republic of China and the
United States;
(B) submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
the results of the study; and
(C) make the results of the study available to the
public on the internet website of the Department of
Defense.
(3) Methodology.--The studies required by paragraphs (1)
and (2) shall each employ a robust methodology that--
(A) does not depend on the official pronouncements
of the Government of the People's Republic of China or
the Chinese Communist Party;
(B) takes into account the military-civil fusion
present in the People's Republic of China; and
(C) employs the building-block method of analysis
or a similar method of analysis, as appropriate.
(4) Objective.--The objective of the studies required by
paragraphs (1) and (2) shall be to provide the people of the
United States with an accurate comparison of the defense
spending of the People's Republic of China and the United
States.
(b) Elements.--At a minimum, the studies required by this section
shall do the following:
(1) Determine the amounts invested by each subject country
across functional categories for spending, including--
(A) defense-related research and development;
(B) weapons procurement from domestic and foreign
sources;
(C) operations and maintenance;
(D) pay and benefits;
(E) military pensions; and
(F) any other category the Secretary considers
relevant.
(2) Consider the effects of purchasing power parity and
market exchange rates, particularly on nontraded goods.
(3) Estimate the magnitude of omitted spending from
official defense budget information and account for such
spending in the comparison.
(4) Exclude spending related to veterans' benefits, other
than military pensions provided to veterans.
(c) Considerations.--The studies required by this section may take
into consideration the following:
(1) The effects of state-owned enterprises on the defense
expenditures of the People's Republic of China.
(2) The role of differing acquisition policies and
structures with respect to the defense expenditures of each
subject country.
(3) Any other matter relevant to evaluating the resources
dedicated to the defense spending or the various military-
related outlays of the People's Republic of China.
(d) Form.--The studies required by this section shall be submitted
in unclassified form, free of handling restrictions, but may include
classified annexes.
SEC. 1358. BRIEFING ON PROVISION OF SECURITY ASSISTANCE BY THE PEOPLE'S
REPUBLIC OF CHINA AND SUMMARY OF DEPARTMENT OF DEFENSE
MITIGATION ACTIVITIES.
(a) Briefing.--Not later than March 1, 2024, the Secretary of
Defense, in coordination with the Secretary of State, shall provide to
the appropriate committees of Congress a briefing that describes the
provision of security assistance and training by the People's Republic
of China to foreign military forces for the purpose of achieving the
national objectives of the People's Republic of China.
(b) Summary of Mitigation Activities.--As part of the first report
submitted under section 1206(c)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1960; 10 U.S.C. 301 note) after the date of the enactment of this Act,
the Secretary of Defense shall submit to the appropriate committees of
Congress a summary of Department of Defense activities designed to
mitigate the provision of security assistance and training referred to
in subsection (a), including such activities that--
(1) strengthen United States alliances and partnerships
with foreign military partners;
(2) identify countries or governments to which the People's
Republic of China provides such security assistance or military
training;
(3) dissuade countries and governments from relying on the
People's Republic of China as a partner for such security
assistance and military training;
(4) identify any manner in which the United States, or
close allies of the United States, may engage with countries
and governments to be the preferred partner for security
assistance and military training; and
(5) improve the ability of the United States Armed Forces
to coordinate and operate with allies and partners for purposes
of mitigating the provision of security assistance and military
training by the People's Republic of China.
(c) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 1359. SEMIANNUAL BRIEFINGS ON BILATERAL AGREEMENTS SUPPORTING
UNITED STATES MILITARY POSTURE IN THE INDO-PACIFIC
REGION.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 180 days thereafter through fiscal
year 2027, the Secretary of Defense, in coordination with the Secretary
of State, shall provide the appropriate committees of Congress with a
briefing on bilateral agreements supporting the United States military
posture in the Indo-Pacific region.
(b) Elements.--Each briefing required by subsection (a) shall
include the following:
(1) An update on notable changes to elements described in
section 1262(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2857).
(2) An assessment of the impact on United States military
operations if any individual or combination of allies and
partners were to deny continued access, basing, or overflight
rights, including with respect to--
(A) forward presence;
(B) agile basing;
(C) pre-positioned materials; or
(D) fueling and resupply.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1360. SEMIANNUAL BRIEFINGS ON MILITARY OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and not less frequently than every 180 days
thereafter through March 30, 2027, the Secretary of Defense shall
provide to the congressional defense committees a briefing on--
(1) the military activities of the People's Republic of
China with respect to Taiwan and the South China Sea;
(2) efforts by the Department of Defense to engage with the
People's Liberation Army; and
(3) United States efforts to enable the defense of Taiwan
and bolster maritime security in the South China Sea.
(b) Elements.--Each briefing required by subsection (a) shall
include the following:
(1) An update on--
(A) military developments of the People's Republic
of China relating to any possible Taiwan or South China
Sea contingency, including upgrades to the weapon
systems of the People's Republic of China, the
procurement of new weapons by the People's Republic of
China, and changes to the posture of the People's
Liberation Army;
(B) military equipment acquired by Taiwan pursuant
to the Presidential drawdown authority under section
506(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2318(a)) or through the direct commercial sales or
foreign military sales processes;
(C) United States efforts to deter aggression by
the People's Republic of China in the Indo-Pacific
region, including any campaigning or exercise
activities conducted by the United States; and
(D) United States efforts to train the military
forces of Taiwan and allies and partners in Southeast
Asia.
(2) The most recent information regarding the readiness of
or preparations by the People's Liberation Army to potentially
conduct aggressive military action against Taiwan.
(3) A description of any military activity carried out
during the preceding quarter by the People's Republic of China
in the vicinity of Taiwan.
(4) A description of engagements by Department of Defense
officials with the People's Liberation Army, including with
respect to maintaining open lines of communication,
establishing crisis management capabilities, and deconfliction
of military activities.
(5) Any other matter the Secretary considers relevant.
SEC. 1361. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT
PROJECTS WITH TIES TO THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA.
None of the funds authorized to be appropriated by this Act may be
used to knowingly provide active and direct support to any film,
television, or other entertainment project if the Secretary of Defense
has demonstrable evidence that the project has complied or is likely to
comply with a demand from the Government of the People's Republic of
China or the Chinese Communist Party, or an entity under the direction
of the People's Republic of China or the Chinese Communist Party, to
censor the content of the project in a material manner to advance the
national interest of the People's Republic of China.
SEC. 1362. PROHIBITION ON USE OF FUNDS FOR THE WUHAN INSTITUTE OF
VIROLOGY.
None of the funds authorized to be appropriated under this Act may
be made available for the Wuhan Institute of Virology for any purpose.
SEC. 1363. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF DEFENSE FUNDING
TO CHINA'S RESEARCH LABS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Department of Defense Office of Inspector
General shall conduct a study, and submit a report to Congress,
regarding the amount of Federal funds awarded by the Department of
Defense (whether directly or indirectly) through grants, contracts,
subgrants, subcontracts, or any other type of agreement or
collaboration, during the 10-year period immediately preceding such
date of enactment, that--
(1) was provided, whether purposely or inadvertently, to--
(A) the People's Republic of China;
(B) the Communist Party of China;
(C) the Wuhan Institute of Virology or any other
organization administered by the Chinese Academy of
Sciences;
(D) EcoHealth Alliance Inc., including any
subsidiaries and related organizations that are
directly controlled by EcoHealth Alliance, Inc.; or
(E) any other lab, agency, organization,
individual, or instrumentality that is owned,
controlled (directly or indirectly), or overseen
(officially or unofficially) by any of the entities
listed in subparagraphs (A) through (D); or
(2) was used to fund research or experiments that could
have reasonably resulted in the enhancement of any coronavirus,
influenza, Nipah, Ebola, or other pathogen of pandemic
potential or chimeric versions of such a virus or pathogen in
the People's Republic of China or any other foreign country.
(b) Identification of Countries and Pathogens.--The report required
under subsection (a) shall specify--
(1) the countries in which the research or experiments
described in subsection (a)(2) was conducted; and
(2) the pathogens involved in such research or experiments.
SEC. 1364. PROHIBITING FEDERAL FUNDING FOR ECOHEALTH ALLIANCE INC.
None of the funds authorized to be appropriated under this Act may
be made available for any purpose to--
(1) EcoHealth Alliance, Inc.;
(2) any subsidiary of EcoHealth Alliance Inc;
(3) any organization that is directly controlled by
EcoHealth Alliance Inc; or
(4) any organization or individual that is a subgrantee or
subcontractor of EcoHealth Alliance Inc.
SEC. 1365. ASSESSMENT RELATING TO CONTINGENCY OPERATIONAL PLAN OF
UNITED STATES INDO-PACIFIC COMMAND.
(a) In General.--The Secretary of Defense shall conduct an
assessment, based on the contingency operational plan for a major
conflict in the area of operations of the United States Indo-Pacific
Command, to identify and characterize the dependencies of such plan on
specific critical infrastructure facilities, capabilities, and services
for the successful mobilization, deployment, and sustainment of forces.
(b) Briefings.--The Secretary shall provide to the congressional
defense committees--
(1) before the date on which the Secretary commences the
assessment required by subsection (a), a briefing that sets
forth the terms of reference and a plan for such assessment;
and
(2) a briefing on the results of such assessment, not later
than the earlier of--
(A) the date on which Secretary completes such
assessment; or
(B) the date that is 180 days after the enactment
of this Act.
SEC. 1366. ASSESSMENT OF ABSORPTIVE CAPACITY OF MILITARY FORCES OF
TAIWAN.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the absorptive
capacity of the military forces of Taiwan for military
capabilities provided and approved by the United States for
delivery to Taiwan in the last 10 years, including the date of
projected or achieved initial and full operational
capabilities.
(2) Briefing requirement.--Not later than 30 days after the
delivery of the required report, the Secretary shall provide a
briefing on the report to the appropriate committees of
Congress.
(3) Form.--The required report shall be provided in
classified form with an unclassified cover letter.
(b) Definitions.--In this section:
(1) Absorptive capacity.--The term ``absorptive capacity''
means the capacity of the recipient unit to achieve initial
operational capability, including to operate, maintain,
sustain, deploy, and employ to operational effect, a defense
article or service for its intended end-use.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 1367. ANALYSIS OF RISKS AND IMPLICATIONS OF POTENTIAL SUSTAINED
MILITARY BLOCKADE OF TAIWAN BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Analysis Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, in coordination with the
Director of National Intelligence, shall complete a
comprehensive analysis of the risks and implications of a
sustained military blockade of Taiwan by the People's Republic
of China.
(2) Elements.--The analysis required by paragraph (1) shall
include the following:
(A) An assessment of the means by which the
People's Republic of China could execute a sustained
military blockade of Taiwan, including the most likely
courses of action through which the People's Republic
of China could accomplish such a blockade.
(B) An identification of indications and warnings
of a potential sustained military blockade of Taiwan by
the People's Republic of China, and the likely
timelines for such indications and warnings.
(C) An identification of other coercive actions the
People's Republic of China may potentially take before
or independently of such a blockade, including the
seizure of outlying islands of Taiwan.
(D) An assessment of the impact of such a blockade
on the ability of Taiwan to sustain its military
capabilities, economy, and population.
(E) An assessment of threats to, and other
potential negative impacts on, the United States
homeland during such a blockade scenario.
(F) An assessment of key military operational
problems presented by such a blockade.
(G) An assessment of the concept-required military
capabilities necessary to address the problems
identified under subparagraph (F).
(H) An assessment of challenges to escalation
management.
(I) An assessment of military or nonmilitary
options to counter or retaliate against such a blockade
or the seizure of outlying islands of Taiwan, including
through horizontal escalation.
(J) An assessment of the extent to which such a
blockade is addressed by the Joint Warfighting Concept
and Joint Concept for Competing.
(K) An identification of necessary changes to
United States Armed Forces force design, doctrine, and
tactics, techniques, and procedures for responding to
or mitigating the impact of such a blockade.
(L) An assessment of the role of United States
partners and allies in addressing the threats and
challenges posed by a such a potential blockade.
(M) Any other matter the Secretary of Defense
considers relevant.
(b) Interagency Engagement.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall seek to
engage with the head of any other appropriate Federal department or
agency--
(1) regarding the threats and challenges posed by a
potential sustained military blockade of Taiwan by the People's
Republic of China; and
(2) to better understand potential options for a response
by the United States Government to such a blockade.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a classified report--
(1) on the assessment required by paragraph (1) of
subsection (a), including all elements described in paragraph
(2) of that subsection; and
(2) the interagency engagements conducted under subsection
(b).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives.
SEC. 1368. SENSE OF THE SENATE ON DEFENSE ALLIANCES AND PARTNERSHIPS IN
THE INDO-PACIFIC REGION.
(a) Findings.--The Senate makes the following findings:
(1) The 2022 National Defense Strategy states,
``[m]utually-beneficial Alliances and partnerships are our
greatest global strategic advantage.''.
(2) The United States Indo-Pacific Strategy states, ``we
will prioritize our single greatest asymmetric strength: our
network of security alliances and partnerships. Across the
region, the United States will work with allies and partners to
deepen our interoperability and develop and deploy advanced
warfighting capabilities as we support them in defending their
citizens and their sovereign interests.''.
(3) Secretary of Defense Lloyd Austin testified on March
28, 2023, that ``our allies and partners are a huge force
multiplier. They magnify our power, advance our shared security
interests, and help uphold a world that is free, open,
prosperous, and secure.''.
(4) Chairman of the Joint Chiefs of Staff General Milley
testified on March 28, 2023, that ``our alliances and
partnerships are key to maintaining the rules-based
international order and a stable and open international system
promoting peace and prosperity. . .We are stronger when we
operate closely with our allies and partners.''.
(5) Commander of the United States Indo-Pacific Command
Admiral Aquilino testified on April 20, 2023, that ``a robust
network of allies and partners, built on the strength of our
shared interests, is our greatest advantage. United States
Indo-Pacific Command is strengthening all layers of our
security network: allies, multilateral arrangements, partners,
friends, and the Five Eyes nations. We execute security
cooperation activities, training, and exercises to strengthen
those relationships, build partner capacity, and enhance
interoperability.''.
(b) Sense of the Senate.--It is the sense of the Senate that the
Secretary of Defense should continue efforts that strengthen United
States defense alliances and partnerships in the Indo-Pacific region so
as to further the comparative advantage of the United States in
strategic competition with the People's Republic of China, including
by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January 19,
1960, including by developing advanced military capabilities,
fostering interoperability across all domains, and improving
sharing of information and intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea, including by maintaining the presence of
approximately 28,500 members of the United States Armed Forces
deployed to the country and affirming the United States
commitment to extended deterrence using the full range of
United States defense capabilities, consistent with the Mutual
Defense Treaty Between the United States and the Republic of
Korea, signed at Washington, October 1, 1953, in support of the
shared objective of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between
Australia, New Zealand, and the United States of America,
signed at San Francisco, September 1, 1951, and through the
partnership among Australia, the United Kingdom, and the United
States (commonly known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other partners
in the Association of Southeast Asian Nations to enhance
maritime domain awareness, promote sovereignty and territorial
integrity, leverage technology and promote innovation, and
support an open, inclusive, and rules-based regional
architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and
open Indo-Pacific region through bilateral and
multilateral engagements and participation in military
exercises, expanded defense trade, and collaboration on
humanitarian aid and disaster response; and
(B) to enable greater cooperation on maritime
security;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan's
defensive capabilities and promoting peaceful cross-strait
relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific Island countries with the goal of strengthening
regional security and addressing issues of mutual concern,
including protecting fisheries from illegal, unreported, and
unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France,
and other members of the European Union and the North Atlantic
Treaty Organization to build connectivity and advance a shared
vision for the region that is principled, long-term, and
anchored in democratic resilience; and
(10) investing in enhanced military posture and
capabilities in the area of responsibility of the United States
Indo-Pacific Command and strengthening cooperation in bilateral
relationships, multilateral partnerships, and other
international fora to uphold global security and shared
principles, with the goal of ensuring the maintenance of a free
and open Indo-Pacific region.
SEC. 1369. ASSESSMENT OF GIFTS AND GRANTS TO UNITED STATES INSTITUTIONS
OF HIGHER EDUCATION FROM ENTITIES ON THE NON-SDN CHINESE
MILITARY-INDUSTRIAL COMPLEX COMPANIES LIST.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall submit to
the appropriate congressional committees an assessment of gifts and
grants to United States institutions of higher education from entities
on the Non-SDN Chinese Military-Industrial Complex Companies List
maintained by the Office of Foreign Assets Control.
(b) Elements.--The Secretary, in consultation with the Secretary of
Education, shall include in the assessment required by subsection (a)
an estimate of--
(1) a list and description of each of the gifts and grants
provided to United States institutions of higher education by
entities described in subsection (a); and
(2) the monetary value of each of those gifts and grants.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
(2) Gifts and grants.--The term ``gifts and grants''
includes financial contributions, material donations, provision
of services, scholarships, fellowships, research funding,
infrastructure investment, contracts, or any other form of
support that provides a benefit to the recipient institution.
SEC. 1370. EXTENSION OF EXPORT PROHIBITION ON MUNITIONS ITEMS TO THE
HONG KONG POLICE FORCE.
Section 3 of the Act entitled ``An Act to prohibit the commercial
export of covered munitions items to the Hong Kong Police Force'',
approved November 27, 2019 (Public Law 116-77; 133 Stat. 1173), is
amended by striking ``shall expire on December 31, 2024'' and inserting
``shall expire on the date on which the President certifies to the
appropriate congressional committees that--
``(1) the Secretary of State has, on or after the date of
the enactment of this paragraph, certified under section 205 of
the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701
et seq.) that Hong Kong warrants treatment under United States
law in the same manner as United States laws were applied to
Hong Kong before July 1, 1997;
``(2) the Hong Kong Police have not engaged in gross
violations of human rights during the 1-year period ending on
the date of such certification; and
``(3) there has been an independent examination of human
rights concerns related to the crowd control tactics of the
Hong Kong Police and the Government of the Hong Kong Special
Administrative Region has adequately addressed those
concerns.''.
Subtitle E--Securing Maritime Data From China
SEC. 1371. SHORT TITLE.
This subtitle may be cited as the ``Securing Maritime Data from
China Act of 2023''.
SEC. 1372. LOGINK DEFINED.
In this subtitle, the term ``LOGINK'' means the public, open,
shared logistics information network known as the National Public
Information Platform for Transportation and Logistics by the Ministry
of Transport of the People's Republic of China.
SEC. 1373. COUNTERING THE SPREAD OF LOGINK.
(a) Contracting Prohibition.--The Department of Defense may not
enter into or renew any contract with any entity that uses--
(1) LOGINK;
(2) any logistics platform controlled by, affiliated with,
or subject to the jurisdiction of the Chinese Communist Party
or the Government of the People's Republic of China; or
(3) any logistics platform that shares data with a system
described in paragraph (1) or (2).
(b) Applicability.--Subsection (a) applies with respect to any
contract entered into or renewed on or after the date that is 2 years
after the date of the enactment of this Act.
Subtitle F--Reports
SEC. 1381. REPORT ON DEPARTMENT OF DEFENSE ROLES AND RESPONSIBILITIES
IN SUPPORT OF NATIONAL STRATEGY FOR THE ARCTIC REGION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on Department of Defense roles and responsibilities
in support of the National Strategy for the Arctic Region that
includes--
(1) an identification of the Department's lines of effort
to support the implementation of the National Strategy for the
Arctic Region, including the implementation plan for each
applicable military department;
(2) a plan for the execution of, and a projected timeline
and the resource requirements for, each such line of effort;
and
(3) any other matter the Secretary considers relevant.
Subtitle G--Other Matters
SEC. 1391. MILITARY INTELLIGENCE COLLECTION AND ANALYSIS PARTNERSHIPS.
(a) Use of Funds Other Than Appropriated Funds.--
(1) In general.--Subject to paragraph (2), the Director of
the Defense Intelligence Agency, in coordination with the
Secretary of State and the Director of National Intelligence,
may accept and expend foreign partner funds in order for the
foreign partner or partners to share with the Defense
Intelligence Agency the expenses of joint and combined military
intelligence collection and analysis activities.
(2) Limitations.--
(A) Previously denied funds.--Funds accepted under
this section may not be expended, in whole or in part,
by or for the benefit of the Defense Intelligence
Agency for any purpose for which Congress has
previously denied funds.
(B) Joint benefit.--The authority provided by
paragraph (1) may not be used to acquire items or
services for the sole benefit of the United States.
(b) Annual Report.--Not later than March 1, 2025, and annually
thereafter for four years, the Director of the Defense Intelligence
Agency shall submit to the appropriate committees of Congress a report
on any funds accepted or expended under this section during the
preceding calendar year, including an identification of the foreign
partner or partners involved and a description of the purpose of such
funds.
(c) Termination.--The authority to accept and expend foreign
partner funds pursuant to this section shall terminate on December 31,
2028.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1392. COLLABORATION WITH PARTNER COUNTRIES TO DEVELOP AND MAINTAIN
MILITARY-WIDE TRANSFORMATIONAL STRATEGIES FOR OPERATIONAL
ENERGY.
(a) Establishment.--
(1) In general.--Not later than January 1, 2025, the
Secretary of Defense shall establish a partnership program
using existing authorities to collaborate with the military
forces of partner countries in developing and maintaining
military-wide transformational strategies for operational
energy (in this section referred to as the ``Program'').
(2) Organization.--The Assistant Secretary of Defense for
Energy, Installations, and Environment, in coordination with
the Under Secretary of Defense for Policy and in consultation
with the Secretaries of the military departments, the
commanders of the combatant commands, and any other individual
the Secretary of Defense considers appropriate, shall be
responsible for, and shall oversee, the Program.
(b) Objective.--The objective of the Program is to promote the
readiness of the United States Armed Forces and the military forces of
partner countries for missions in contested logistics environments by
focusing on demand reduction and employing more diverse and renewable
operational energy sources so as to enhance energy security, energy
resilience, and energy conservation, reduce logistical vulnerabilities,
and ensure that supply lines are resilient to extreme weather,
disruptions to energy supplies, and direct or indirect cyber attacks.
(c) Activities.--
(1) In general.--Under the Program, the United States Armed
Forces and the military forces of each participating partner
country shall, in coordination--
(A) establish policies to improve warfighting
capability through energy security and energy
resilience;
(B) integrate efforts to mitigate mutual contested
logistics challenges through the reduction of
operational energy demand;
(C) identify and mitigate operational energy
challenges presented by any contested logistics
environment, including through developing innovative
delivery systems, distributed storage, flexible
contracting, and improved automation;
(D) assess and integrate, to the extent
practicable, any technology, including electric,
hydrogen, nuclear, biofuels, and any other sustainable
fuel technology or renewable energy technology, that
may reduce operational energy demand in the near term
or long term;
(E) assess and consider any infrastructure
investment of allied and partner countries that may
affect operational energy availability in the event of
a conflict with a near-peer adversary; and
(F) assess and integrate, to the extent
practicable--
(i) any technology that increases
sustainability; and
(ii) any practice, technology, or strategy
that reduces negative impacts on human health.
(2) Country considerations.--In carrying out any activity
under paragraph (1), to the extent practicable, the relevant
existing and past military conflicts and cultural practices of,
and beliefs prevalent in, the participating country shall be
taken into account.
(d) Strategy.--
(1) In general.--Not later than September 30, 2024, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
strategy for the implementation of the Program.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) A governance structure for the Program,
including--
(i) the officials tasked to oversee the
Program;
(ii) the format of the governing body of
the Program;
(iii) the functions and duties of such
governing body with respect to establishing and
maintaining the Program; and
(iv) mechanisms for coordinating with
partner countries selected to participate in
the Program.
(B) With respect to the selection of partner
countries initially selected to participate in the
Program--
(i) an identification of each such country;
(ii) the rationale for selecting each such
country, including a description of--
(I) the benefits to the military
forces of the partner country; and
(II) the benefits to the United
States Armed Forces of participation by
such country;
(iii) a description of any limitation on
the participation of a selected partner
country; and
(iv) any other information the Secretary
considers appropriate.
(C) A list of additional authorities,
appropriations, or other congressional support
necessary to ensure the success of the Program.
(D) A campaign of objectives for the first three
fiscal years of the Program, including--
(i) a description of, and a rationale for
selecting, such objectives;
(ii) an identification of milestones toward
achieving such objectives; and
(iii) metrics for evaluating success in
achieving such objectives.
(E) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(F) Any other information the Secretary considers
appropriate.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(e) Report.--
(1) In general.--Not later than September 20, 2025, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report on the Program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A narrative summary of activities conducted as
part of the Program during the preceding fiscal year.
(B) Except in the case of the initial report, an
assessment of progress toward the objectives
established for the preceding fiscal year described in
the preceding report under this subsection using the
metrics established in such report.
(C) A campaign of objectives for the three fiscal
years following the date of submission of the report,
including--
(i) a description of, and a rationale for
selecting, such objectives;
(ii) an identification of milestones toward
achieving such objectives; and
(iii) metrics for evaluating success in
achieving such objectives.
(D) A description of opportunities and potential
timelines for future Program expansion, as appropriate.
(E) Any other information the Secretary considers
appropriate.
(3) Form.-- Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(f) Termination.--The Program shall terminate on December 31, 2029.
(g) Contested Logistics Environment Defined.--In this section, the
term ``contested logistics environment'' means an environment in which
the United States Armed Forces or the military forces of a partner
country engage in conflict with an adversary that presents challenges
in all domains and directly targets logistics operations, facilities,
and activities in the United States, abroad, or in transit from one
location to the other.
SEC. 1393. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR
WARFARE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127c the following:
``Sec. 127d. Support of special operations for irregular warfare
``(a) Authority.--The Secretary of Defense may, with the
concurrence of the relevant Chief of Mission, expend up to $20,000,000
during any fiscal year to provide support to foreign forces, irregular
forces, groups, or individuals engaged in supporting or facilitating
ongoing and authorized irregular warfare operations by United States
Special Operations Forces.
``(b) Funds.--Funds for support under this section in a fiscal year
shall be derived from amounts authorized to be appropriated for that
fiscal year for the Department of Defense for operation and
maintenance.
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section.
``(2) Elements.--The procedures required under paragraph
(1) shall establish, at a minimum, the following:
``(A) Policy guidance for the execution of, and
constraints within, activities under the authority in
this section.
``(B) The processes through which activities under
the authority in this section are to be developed,
validated, and coordinated, as appropriate, with
relevant entities of the United States Government.
``(C) The processes through which legal reviews and
determinations are made to comply with the authority in
this section and ensure that the exercise of such
authority is consistent with the national security of
the United States.
``(D) The processes to ensure, to the extent
practicable, that before a decision to provide support
is made, the recipients of support do not pose a
counterintelligence or force protection threat and have
not engaged in gross violations of human rights.
``(E) The processes by which the Department shall
keep the congressional defense committees fully and
currently informed of--
``(i) the requirements for the use of the
authority in this section; and
``(ii) activities conducted under such
authority.
``(3) Notice to congress on procedures and material
modifications.--The Secretary shall notify the congressional
defense committees of the procedures established pursuant to
this section before any exercise of the authority in this
section, and shall notify such committee of any material
modification of the procedures.
``(d) Construction of Authority.--Nothing in this section shall be
construed to constitute a specific statutory authorization for any of
the following:
``(1) The conduct of a covert action, as such term is
defined in section 503(e) of the National Security Act of 1947
(50 U.S.C. 3093(e)).
``(2) The introduction of United States Armed Forces
(including as such term is defined in section 8(c) of the War
Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or
into situations wherein hostilities are clearly indicated by
the circumstances.
``(3) The provision of support to regular forces, irregular
forces, groups, or individuals for the conduct of operations
that United States Special Operations Forces are not otherwise
legally authorized to conduct themselves.
``(4) The conduct or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.
``(e) Limitation on Delegation.--The authority of the Secretary to
make funds available under this section for support of a military
operation may not be delegated.
``(f) Programmatic and Policy Oversight.--The Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict shall have
primary programmatic and policy oversight within the Office of the
Secretary of Defense of support to irregular warfare activities
authorized by this section.
``(g) Notification.--
``(1) In general.--Not later than 15 days before exercising
the authority in this section to make funds available to
initiate support of an ongoing and authorized operation or
changing the scope or funding level of any support under this
section for such an operation by $500,000 or an amount equal to
10 percent of such funding level (whichever is less), the
Secretary shall notify the congressional defense committees of
the use of such authority with respect to such operation. Any
such notification shall be in writing.
``(2) Elements.--A notification required by this subsection
shall include the following:
``(A) The type of support to be provided to United
States Special Operations Forces, and a description of
the ongoing and authorized operation to be supported.
``(B) A description of the foreign forces,
irregular forces, groups, or individuals engaged in
supporting or facilitating the ongoing and authorized
operation that is to be the recipient of funds.
``(C) The type of support to be provided to the
recipient of the funds, and a description of the end-
use monitoring to be used in connection with the use of
the funds.
``(D) The amount obligated under the authority to
provide support.
``(E) The duration for which the support is
expected to be provided, and an identification of the
timeframe in which the provision of support will be
reviewed by the commander of the applicable combatant
command for a determination with respect to the
necessity of continuing such support.
``(F) The determination of the Secretary that the
provision of support does not constitute any of the
following:
``(i) An introduction of United States
Armed Forces (including as such term is defined
in section 8(c) of the War Powers Resolution
(50 U.S.C. 1547(c))) into hostilities, or into
situations where hostilities are clearly
indicated by the circumstances, without
specific statutory authorization within the
meaning of section 5(b) of such Resolution (50
U.S.C. 1544(b)).
``(ii) A covert action, as such term is
defined in section 503(e) of the National
Security Act of 1947 (50 U.S.C. 3093(e)).
``(iii) An authorization for the provision
of support to regular forces, irregular forces,
groups, or individuals for the conduct of
operations that United States Special
Operations Forces are not otherwise legally
authorized to conduct themselves.
``(iv) The conduct or support of
activities, directly or indirectly, that are
inconsistent with the laws of armed conflict.
``(h) Notification of Suspension or Termination of Support.--
``(1) In general.--Not later than 48 hours after suspending
or terminating support to any foreign force, irregular force,
group, or individual provided pursuant to the authority in this
section, the Secretary shall submit to the congressional
defense committees a written notice of such suspension or
termination.
``(2) Elements.--The written notice required by paragraph
(1) shall include each of the following:
``(A) A description of the reasons for the
suspension or termination of such support.
``(B) A description of any effect on regional,
theater, or global campaign plan objectives anticipated
to result from such suspension or termination.
``(C) A plan for such suspension or termination,
and, in the case of support that is planned to be
transitioned to any other program of the Department of
Defense or to a program of any other Federal department
or agency, a detailed description of the transition
plan, including the resources, equipment, capabilities,
and personnel associated with such plan.
``(i) Biannual Reports.--
``(1) Report on preceding fiscal year.--Not later than 120
days after the close of each fiscal year in which subsection
(a) is in effect, the Secretary shall submit to the
congressional defense committees a report on the support
provided under this section during the preceding fiscal year.
``(2) Report on current calendar year.-- Not later than 180
days after the submittal of each report required by paragraph
(1), the Secretary shall submit to the congressional defense
committees a report on the support provided under this section
during the first half of the fiscal year in which the report
under this paragraph is submitted.
``(3) Elements.--Each report required by this subsection
shall include the following:
``(A) A summary of the ongoing irregular warfare
operations, and associated authorized campaign plans,
being conducted by United States Special Operations
Forces that were supported or facilitated by foreign
forces, irregular forces, groups, or individuals for
which support was provided under this section during
the period covered by such report.
``(B) A description of the support or facilitation
provided by such foreign forces, irregular forces,
groups, or individuals to United States Special
Operations Forces during such period.
``(C) The type of recipients that were provided
support under this section during such period,
identified by authorized category (foreign forces,
irregular forces, groups, or individuals).
``(D) A detailed description of the support
provided to the recipients under this section during
such period.
``(E) The total amount obligated for support under
this section during such period, including budget
details.
``(F) The intended duration of support provided
under this section during such period.
``(G) An assessment of value of the support
provided under this section during such period,
including a summary of significant activities
undertaken by foreign forces, irregular forces, groups,
or individuals to support irregular warfare operations
by United States Special Operations Forces.
``(H) The total amount obligated for support under
this section in prior fiscal years.
``(j) Quarterly Briefings.--
``(1) In general.--Not less frequently than quarterly, the
Secretary shall provide to the congressional defense committees
a briefing on the use of the authority provided by this
section, and other matters relating to irregular warfare, with
the primary purposes of--
``(A) keeping the congressional defense committees
fully and currently informed of irregular warfare
requirements and activities, including emerging
combatant commands requirements; and
``(B) consulting with the congressional defense
committees regarding such matters.
``(2) Elements.--Each briefing required by paragraph (1)
shall include the following:
``(A) An update on irregular warfare activities
within each geographic combatant command and a
description of the manner in which such activities
support the respective theater campaign plan and the
National Defense Strategy.
``(B) An overview of relevant authorities and legal
issues, including limitations.
``(C) An overview of irregular warfare-related
interagency activities and initiatives.
``(D) A description of emerging combatant command
requirements for the use of the authority provided by
this section.
``(k) Irregular Warfare Defined.--Subject to subsection (f), in
this section, the term `irregular warfare' means Department of Defense
activities not involving armed conflict that support predetermined
United States policy and military objectives conducted by, with, and
through regular forces, irregular forces, groups, and individuals.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
127c the following new item:
``127d. Support of special operations for irregular warfare.''.
(c) Repeal.--Section 1202 of the National Defense Authorization Act
for Fiscal Year 2018 is repealed.
SEC. 1394. MODIFICATION OF AUTHORITY FOR EXPENDITURE OF FUNDS FOR
CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL
PREPARATION OF THE ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (g), and (h), respectively;
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section.
``(2) Elements.--The procedures required under paragraph
(1) shall establish, at a minimum, each of the following:
``(A) Policy, strategy, or other guidance for the
execution of, and constraints within, activities
conducted under this section.
``(B) The processes through which activities
conducted under this section are to be developed,
validated, and coordinated, as appropriate, with
relevant entities of the United States Government.
``(C) The processes through which legal reviews and
determinations are made to comply with the authority in
this section and ensure that the exercise of such
authority is consistent with the national security
interests of the United States.
``(D) The processes by which the Department of
Defense shall keep the congressional defense committees
fully and currently informed of--
``(i) the requirements for the use of the
authority in this section; and
``(ii) activities conducted under such
authority.
``(3) Notice to congress.--The Secretary shall notify the
congressional defense committees of any material modification
to the procedures established under paragraph (1).'';
(3) by inserting after subsection (e), as redesignated, the
following new subsection (f):
``(f) Notification.--Not later than 15 days before exercising the
authority in this section to make funds available to initiate a new
operational preparation of the environment activity or changing the
scope or funding level of any support for such an operation by
$1,000,000 or an amount equal to 20 percent of such funding level
(whichever is less), or not later than 48 hours after exercising such
authority if the Secretary determines that extraordinary circumstances
that impact the national security of the United States exist, the
Secretary shall notify the congressional defense committees of the use
of such authority with respect to that activity. Any such notification
shall be in writing.''; and
(4) by adding at the end the following new subsections:
``(i) Oversight by Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.--The Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict shall have
primary responsibility within the Office of the Secretary of Defense
for oversight of policies and programs authorized by this section.
``(j) Construction of Authority.--Nothing in this section may be
construed to constitute authority to conduct, or provide statutory
authorization for, any of the following:
``(1) Execution of operational activities.
``(2) A covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(3) An introduction of the armed forces, (including the
introduction of United States Armed Forces as such term is
defined in section 8(c) of the War Powers Resolution (50 U.S.C.
1547(c))), into hostilities, or into situations where
hostilities are clearly indicated by the circumstances, without
specific statutory authorization within the meaning of section
5(b) of such Resolution (50 U.S.C. 1544(b)).
``(4) Activities or support for activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.
``(k) Operational Preparation of the Environment Defined.--In this
section, the term `operational preparation of the environment' means
the conduct of activities in likely or potential operational areas to
set conditions for mission execution.''.
SEC. 1395. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND
OTHER SECURITY THREATS.
Section 1286 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 4001 note) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(B) by inserting after paragraph (6) the following
new paragraph (7):
``(7) Policies to limit or prohibit funding provided by the
Department of Defense for institutions or individual
researchers who knowingly contract or make other financial
arrangements with entities identified in the list described in
paragraph (9), which policies shall include--
``(A) use of such list as part of a risk assessment
decision matrix during proposal evaluations, including
the development of a question for proposers or broad
area announcements that require proposers to disclose
any contractual or financial connections with such
entities;
``(B) a requirement that the Department shall
notify a proposer of suspected noncompliance with a
policy issued under this paragraph and provide not less
than 30 days to take actions to remedy such
noncompliance;
``(C) the establishment of an appeals procedure
under which a proposer may appeal a negative decision
on a proposal if the decision is based on a
determination informed by such list; and
``(D) a requirement that each awardee of funding
provided by the Department shall disclose to the
Department any contract or financial arrangement made
with such an entity during the period of the award.'';
and
(C) by adding at the end the following new
paragraph:
``(11) Development of measures of effectiveness and
performance to assess and track progress of the Department of
Defense across the initiative, which measures shall include--
``(A) the evaluation of currently available data to
support the assessment of such measures, including the
identification of areas in which gaps exist that may
require collection of completely new data, or
modifications to existing data sets;
``(B) current means and methods for the collection
of data in an automated manner, including the
identification of areas in which gaps exist that may
require new means for data collection or visualization
of such data; and
``(C) the development of an analysis and assessment
methodology framework to make tradeoffs between the
measures developed under this paragraph and other
metrics related to assessing undue foreign influence on
the Department of Defense research enterprise, such as
commercial due diligence, beneficial ownership, and
foreign ownership, control, and influence.''; and
(2) in subsection (e)(2), by adding at the end the
following new subparagraph:
``(G) A description of the status of the measures
of effectiveness and performance described in
subsection (c)(11) for the period covered by such
report, including an analytical assessment of the
impact of such measures on the goals of the
initiative.''.
SEC. 1396. MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS
INJURY AND LOSS.
Section 1213(h) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), and moving such
clauses, as redesignated, two ems to the right;
(2) by redesignating paragraph (1) as subparagraph (A) and
moving such subparagraph, as redesignated, two ems to the
right;
(3) by amending paragraph (2) to read as follows:
``(B) A description of any denied or refused ex
gratia payment or request, including--
``(i) the date on which any such request
was made;
``(ii) the steps the Department of Defense
has taken to respond to the request;
``(iii) in the case of a refused payment,
the reason for such refusal, if known; and
``(iv) any other reason for which a payment
was not offered or made.'';
(4) by redesignating paragraph (3) as subparagraph (C) and
moving such subparagraph, as redesignated, two ems to the
right;
(5) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(6) by adding at the end the following new paragraph (2):
``(2) Public availability.--
``(A) In general.--Not later than 15 days after the
date on which the Secretary of Defense submits each
report required by paragraph (1), the Secretary shall
make the report available to the public in an
electronic format.
``(B) Privacy.--The Secretary of Defense shall
exclude from each report made available to the public
under subparagraph (A)--
``(i) confidential or personally
identifiable information pertaining to specific
payment recipients so as to ensure the safety
and privacy of such recipients; and
``(ii) any confidential or classified
information that would undermine Department of
Defense operational security.''.
SEC. 1397. MODIFICATION OF AUTHORITY FOR COOPERATION ON DIRECTED ENERGY
CAPABILITIES.
(a) Program Authorization.--Section 1280 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3982; 22 U.S.C. 8606 note) is amended--
(1) in subsection (d), in the first sentence--
(A) by inserting ``acting through the Under
Secretary of Defense for Research and Engineering,''
after ``the Secretary of Defense,''; and
(B) by striking ``may establish a program'' and
inserting ``is authorized''; and
(2) by adding at the end the following new subsection:
``(e) Notification.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Research and Engineering shall submit to the appropriate
committees of Congress an assessment detailing--
``(A) the most promising directed energy missile
defense technologies available for co-development with
the Government of Israel;
``(B) any risks relating to the implementation of a
directed energy missile defense technology co-
development program with the Government of Israel;
``(C) an anticipated spending plan for fiscal year
2024 funding authorized by the National Defense
Authorization Act for Fiscal Year 2024 to carry out
this section; and
``(D) initial projections for likely funding
requirements to carry out a directed energy missile
defense technology co-development program with the
Government of Israel over the five fiscal years
beginning after the date of the enactment of that Act,
as applicable.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Armed Services, the
Committee on Appropriations, and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Appropriations, and the Committee on
Foreign Affairs of the House of Representatives.''.
(b) Additional Funding.--The amount authorized to be appropriated
for fiscal year 2024 by section 4201 for research, development, test,
and evaluation for Advanced Component Development and Prototypes is
hereby increased by $25,000,000, with the amount of the increase to be
available for Israeli Cooperative Programs (PE 0603913C).
(c) Offset.--The amount authorized to be appropriated for fiscal
year 2024 by section 4201 for research, development, test, and
evaluation for the Air Force is hereby decreased by $25,000,000, with
the amount of the decrease to be taken from the amounts available for
VC-25B (PE 0401319F).
SEC. 1398. MODIFICATION OF ARCTIC SECURITY INITIATIVE.
Section 1090(b)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1927) is amended--
(1) in subparagraph (A), by striking ``the Secretary may''
and inserting ``the Secretary shall''; and
(2) in subparagraph (B)(i), by striking ``If the Initiative
is established'' and inserting ``On the establishment of the
Initiative''.
SEC. 1399. TERMINATION OF AUTHORIZATION OF NON-CONVENTIONAL ASSISTED
RECOVERY CAPABILITIES.
Section 943(g) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578) is
amended to read as follows:
``(g) Termination.--The authority under this section shall
terminate on December 31, 2023.''.
SEC. 1399A. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO NON-
UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE
ONGOING CIVIL WAR IN YEMEN.
Section 1273 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1699) is amended to read as
follows:
``SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES
AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL
WAR IN YEMEN.
``For the one-year period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2024, the Department of Defense may not provide in-flight
refueling pursuant to section 2342 of title 10, United States
Code, or any other applicable statutory authority, to non-
United States aircraft that engage in hostilities in the
ongoing civil war in Yemen unless and until a declaration of
war or a specific statutory authorization for such use of the
United States Armed Forces has been enacted.''.
SEC. 1399B. EXTENSION OF UNITED STATES-ISRAEL ANTI-TUNNEL COOPERATION.
Section 1279(f) of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. 1399C. PROHIBITION ON DELEGATION OF AUTHORITY TO DESIGNATE FOREIGN
PARTNER FORCES AS ELIGIBLE FOR THE PROVISION OF
COLLECTIVE SELF-DEFENSE SUPPORT BY UNITED STATES ARMED
FORCES.
(a) In General.--The authority to designate foreign partner forces
as eligible for the provision of collective self-defense support by the
United States Armed Forces may not be delegated below the Secretary of
Defense.
(b) Review.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall review existing designations of
foreign partner forces as eligible for the provision of collective
self-defense support by the United States Armed Forces and provide the
congressional defense committees with a certification with respect to
whether each such designation remains valid.
(c) Waiver.--
(1) In general.--The Secretary may waive the prohibition
under subsection (a) if the Secretary determines that there are
compelling circumstances that necessitate the waiver of such
prohibition.
(2) Notice.--Not later than 48 hours after the Secretary
exercises the waiver authority under paragraph (1), the
Secretary shall submit to the congressional defense committees
a notice of the waiver, which shall include--
(A) a description of the compelling circumstances
that necessitated the wavier;
(B) a description of the United States national
security interests served by the waiver;
(C) an identification of any named operation
related to the waiver; and
(D) an articulation of any temporal, geographic, or
other limitations on the waiver.
(d) Rule of Construction.--Nothing in this section shall be
construed as invalidating a designation of foreign partner forces as
eligible for the provision of collective self-defense support by the
United States Armed Forces that is in effect as of the date of the
enactment of this Act.
(e) Collective Self-defense Defined.--In this section, the term
``collective self-defense'' means the use of United States military
force to defend designated foreign partner forces, their facilities,
and their property.
SEC. 1399D. PARTICIPATION BY MILITARY DEPARTMENTS IN INTEROPERABILITY
PROGRAMS WITH MILITARY FORCES OF AUSTRALIA, CANADA, NEW
ZEALAND, AND THE UNITED KINGDOM.
(a) In General.--Section 1274 of the National Defense Authorization
Act for Fiscal Year 2013 (10 U.S.C. 2350a note) is amended--
(1) in the section heading, by striking ``administration of
the american, british, canadian, and australian armies'
program'' and inserting ``participation by military departments
in interoperability programs with military forces of australia,
canada, new zealand, and the united kingdom''; and
(2) in subsection (a)--
(A) by inserting ``a military department of'' after
``the participation by''; and
(B) by striking ``the land-force program known as
the American, British, Canadian, and Australian Armies'
Program'' and inserting ``an interoperability program
with the military forces of one or more participating
countries specified in subsection (b)''.
(b) Clerical Amendments.--
(1) The table of contents of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1632) is amended by striking the item relating to section
1274 and inserting the following:
``Sec. 1274. Participation by military departments in interoperability
programs with military forces of Australia,
Canada, New Zealand, and the United
Kingdom.''.
(2) The table of contents for title XII of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1977) is amended by striking the item relating
to section 1274 and inserting the following:
``Sec. 1274. Participation by military departments in interoperability
programs with military forces of Australia,
Canada, New Zealand, and the United
Kingdom.''.
SEC. 1399E. COOPERATION WITH ALLIES AND PARTNERS IN MIDDLE EAST ON
DEVELOPMENT OF INTEGRATED REGIONAL CYBERSECURITY
ARCHITECTURE.
(a) Cooperation.--
(1) In general.--The Secretary of Defense, using existing
authorities and in consultation with the head of any other
Federal agency, as appropriate, shall seek to cooperate with
allies and partners in the Middle East with respect to
developing an integrated regional cybersecurity architecture
and deepening military cybersecurity partnerships to defend
military networks, infrastructure, and systems against hostile
cyber activity.
(2) Protection of sensitive information.--Any activity
carried out under paragraph (1)shall be conducted in a manner
that--
(A) is consistent with the protection of
intelligence sources and methods; and
(B) appropriately protects sensitive information
and the national security interests of the United
States.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a strategy for cooperation
with allies and partners in the Middle East to develop an
integrated regional cybersecurity architecture to defend
military networks, infrastructure, and systems against hostile
cyber activity.
(2) Elements.--The strategy submitted under paragraph (1)
shall include the following:
(A) An assessment of the threat landscape of
cyberattacks, military networks, infrastructure, and
systems against allies and partners within the Middle
East.
(B) A description of current efforts to share,
between the United States and allies and partners
within the Middle East, indicators and warnings,
tactics, techniques, procedures, threat signatures,
planning efforts, training, and other similar
information about cyber threats.
(C) An analysis of current bilateral and
multilateral defense protocols protecting military
networks, infrastructure, and systems and sharing
sensitive cyber threat information between the United
States and allies and partners in the Middle East.
(D) An assessment of whether a multinational
integrated military cybersecurity partnership,
including establishing a center in the Middle East to
facilitate such activities, would improve collective
security in the Middle East.
(E) An assessment of gaps in ally and partner
capabilities that would have to be remedied in order to
establish such a center.
(F) A description of any prior or ongoing effort to
engage allies and partners in the Middle East in
establishing--
(i) a multinational integrated
cybersecurity partnership or other bilateral or
multilateral defensive cybersecurity
information sharing and training partnership;
or
(ii) other cooperative defensive
cybersecurity measures.
(G) An identification of elements of a potential
multinational military cybersecurity partnership, or
other bilateral or multilateral defensive cybersecurity
measures, that--
(i) can be acquired and operated by
specified foreign partners within the area of
responsibility of the United States Central
Command;
(ii) can only be provided and operated by
the United States; and
(iii) can be provided by a third party
entity contracted by the United States Central
Command jointly with specified foreign
partners.
(H) Any other matter the Secretary of Defense
considers relevant.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1399F. FOREIGN ADVANCE ACQUISITION ACCOUNT.
(a) Establishment.--The Secretary of Defense may establish, within
the Special Defense Acquisition Fund established pursuant to chapter 5
of the Arms Export Control Act (22 U.S.C. 2795 et seq.), an account, to
be known as the ``Foreign Advance Acquisition Account'' (in this
section referred to as the ``Account''), that shall be maintained
separately from other accounts and used to accelerate the production of
United States-produced end items in reasonable anticipation of the sale
of such end items through the foreign military sales or direct
commercial sales processes.
(b) Use of Funds.--Amounts in the Account shall be made available
to the Secretary of Defense for the following purposes:
(1) To finance the acquisition, using the procedures of the
Special Defense Acquisition Fund, of defense articles and
services in advance of the transfer of such articles and
services to covered countries through the foreign military
sales process.
(2) To provide a mechanism for covered countries to
contribute funds, including before the completion of a letter
of offer under the procedures of the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the acquisition of such defense
articles and services.
(3) To pay for storage, maintenance, and other costs
related to the storage, preservation, and preparation for
transfer of defense articles and services acquired using
amounts in the Account prior to their transfer, and to pay for
the administrative costs of the Department of Defense incurred
in the acquisition of such items to the extent not reimbursed
pursuant to section 43(b) of the Arms Export Control Act (22
U.S.C. 2792(b)).
(c) Contributions From Covered Countries.--The Secretary of Defense
may accept contributions of amounts to the Account from any foreign
person, entity, or government of a covered country.
(d) Limitations.--
(1) Applicability of other law.--Defense articles and
services acquired by the Secretary of Defense using amounts in
the Account may not be transferred to any foreign country
unless such transfer is authorized by the Arms Export Control
Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), or other applicable law.
(2) Previously denied funds.--Amounts in the Account may
not be expended, in whole or in part, by or for the benefit of
the Department of Defense for a purpose for which Congress has
previously denied funds.
(3) Additional limitation.--Amounts in the Account may not
be used to acquire items or services for the sole benefit of
the United States.
(e) Annual Report.--Not later than 60 days after the date on which
each fiscal year ends, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the use of the Account
that includes, for such fiscal year--
(1) an identification of each covered country that
contributed to the Account;
(2) the amount deposited into the Account by each such
covered country; and
(3) for each such covered country, the designated defense
articles or services acquired or to be acquired.
(f) Quarterly Report.--Not later than 90 days after the date of the
enactment of this Act, and quarterly thereafter, the Secretary of
Defense shall submit to the appropriate committees of Congress a report
on the use of the Account that includes, for each transaction--
(1) a description of the transaction;
(2) the amount of the transaction;
(3) the covered country concerned;
(4) an identification of any storage, maintenance, or other
costs associated with the transaction; and
(5) the anticipated date of delivery of the applicable
defense articles or services.
(g) Termination.--The authority under subsection (b) to use funds
in the Account shall terminate on January 1, 2028.
(h) Rule of Construction.--Nothing in this section shall be
construed to limit or impair the responsibilities conferred on the
Secretary of State or the Secretary of Defense under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) or the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.).
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives.
(2) Covered country.--The term ``covered country'' means--
(A) a country, other than the United States, that
is a participant in the security partnership among
Australia, the United Kingdom, and the United States
(commonly known as the ``AUKUS'' partnership);
(B) a member country of the North Atlantic Treaty
Organization; and
(C) any other country, as designated by the
Secretary of Defense.
SEC. 1399G. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL EXPENSES OF
THE OFFICE OF THE SECRETARY OF DEFENSE.
Of the funds authorized to be appropriated by this Act for fiscal
year 2024 for operation and maintenance, Defense-wide, and available
for the Office of the Secretary of Defense for travel expenses, not
more than 75 percent may be obligated or expended until the Secretary
of Defense submits--
(1) the implementation plan required by section 1087 of the
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263; 136 Stat. 2802; 10 U.S.C. 161 note) relating to
the requirement of such section to establish a joint force
headquarters in the area of operations of United States Indo-
Pacific Command to serve as an operational command;
(2) the plan required by section 1332(g)(2) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 2008) relating to strategic competition in the
areas of responsibility of United States Southern Command and
United States Africa Command; and
(3) the strategy and posture review required by section
1631(g) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1743; 10 U.S.C. 397
note) relating to operations in the information environment.
SEC. 1399H. PLANS RELATED TO RAPID TRANSFER OF CERTAIN MISSILES AND
DEFENSE CAPABILITIES.
(a) In General.--The Assistant Secretary of the Navy for Research,
Development and Acquisition shall--
(1) develop a plan to prepare Navy Harpoon block IC
missiles in a ``sundown'', ``deep stow'', or ``demilitarized''
condition code (including missiles removed from Navy surface
ships) for rapid transfer to allies and security partners in
the United States European Command and United States Indo-
Pacific Command areas of responsibility, if so ordered; and
(2) establish a plan that would enable the rapid transfer
of additional enhanced coastal defense capabilities that have
tactical significance in assisting partners and allies in
reclaiming sovereign territory, deterring maritime resupply of
illegally seized territory, or aiding in preventing an
amphibious invasion of sovereign territory.
(b) Submission to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Assistant Secretary shall submit to
the congressional defense committees the plans required by paragraphs
(1) and (2) of subsection (a).
SEC. 1399I. ENSURING PEACE THROUGH STRENGTH IN ISRAEL.
(a) Extension of Authorities.--
(1) War reserves stockpile authority.--Section 12001(d) of
the Department of Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 1011) is amended by striking ``September 30,
2025'' and inserting ``January 1, 2028''.
(2) Rules governing the transfer of precision-guided
munitions to israel above the annual restriction.--Section
1275(e) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3980; 22 U.S.C. 2321h note) is amended by striking ``on
the date that is three years after the date of the enactment of
this Act'' and inserting ``on January 1, 2028''.
(b) Department of Defense Assessment of Type and Quantity of
Precision-guided Munitions and Other Munitions for Use by Israel.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
December 31, 2028, the Secretary of Defense shall conduct an
assessment with respect to the following:
(A) The current quantity and type of precision-
guided munitions in the stockpile pursuant to section
12001(d) of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1011).
(B) The quantity and type of precision-guided
munitions necessary for Israel to protect its homeland
and counter Hezbollah, Hamas, Palestinian Islamic
Jihad, or any other armed terror group or hostile
forces in the region in the event of a sustained armed
confrontation.
(C) The quantity and type of other munitions
necessary for Israel to protect its homeland and
counter Hezbollah, Hamas, Palestinian Islamic Jihad, or
any other armed group or hostile forces in the region
in the event of a sustained armed confrontation.
(D) The quantity and type of munitions, including
precision-guided munitions, necessary for Israel to
protect its homeland and counter any combination of
Hezbollah, Hamas, Palestinian Islamic Jihad, and any
other armed terror groups or hostile forces in the
region in the event of a multi-front, sustained armed
confrontation.
(E) The resources the Government of Israel would
need to dedicate to acquire the quantity and type of
munitions, including precision-guided munitions,
described in subparagraphs (B) through (D).
(F) Whether, as of the date on which the applicable
assessment is completed, sufficient quantities and
types of munitions, including precision-guided
munitions, to conduct operations described in
subparagraphs (B) through (D) are present in--
(i) the inventory of the military forces of
Israel;
(ii) the War Reserves Stock Allies-Israel;
(iii) any other United States stockpile or
depot within the area of responsibility of
United States Central Command, as the Secretary
considers appropriate to disclose to the
Government of Israel; or
(iv) the inventory of the United States
Armed Forces, as the Secretary considers
appropriate to disclose to the Government of
Israel.
(G) The current inventory of such munitions,
including precision-guided munitions, possessed by the
United States, and whether, as of the date on which the
applicable assessment is completed, the United States
is assessed to have sufficient munitions to meet the
requirements of current operation plans of the United
States or global other munitions requirements.
(H) United States planning and steps being taken--
(i) to assist Israel to prepare for the
contingencies, and to conduct the operations,
described in subparagraphs (B) through (D); and
(ii) to resupply Israel with the quantity
and type of such munitions described in such
subparagraphs in the event of a sustained armed
confrontation described in such subparagraphs.
(I) The quantity and pace at which the United
States is capable of pre-positioning, increasing,
stockpiling, or rapidly replenishing, or assisting in
the rapid replenishment of, such munitions in
preparation for, and in the event of, such a sustained
armed confrontation.
(2) Consultation.--In carrying out the assessment required
by paragraph (1), the Secretary shall consult with the Israeli
Ministry of Defense, provided that the Israeli Ministry of
Defense agrees to be so consulted.
(c) Reports.--
(1) Department of defense assessment.--Not later than 15
days after the date on which each Department of Defense
assessment required by subsection (b) is completed, the
Secretary shall submit to the appropriate committees of
Congress a report on such assessment.
(2) Pre-positioning and stockpile implementation report.--
Not later than 180 days after the date on which the report
required by paragraph (1) is submitted, and every 180 days
thereafter through December 31, 2028, the Secretary shall
submit to the appropriate committees of Congress a report
that--
(A) details the actions being taken by the United
States, if any, to pre-position, increase, stockpile,
address shortfalls, and otherwise ensure that the War
Reserves Stock Allies-Israel has, and assist Israel in
ensuring that Israel has, sufficient quantities and
types of munitions, including precision-guided
munitions, to conduct the operations described in
subparagraphs (B) through (D) of subsection (b)(1); and
(B) includes a description of procedures
implemented by the United States, if any, for rapidly
replenishing, or assisting in the rapid replenishment
of, stockpiles of such munitions for use by Israel as
may be necessary.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(d) Consolidation of Reports.--
(1) Section 1273 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2066) is amended by striking subsection (b).
(2) Section 1275 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3979; 22 U.S.C. 2321h note) is amended
by striking subsection (d).
SEC. 1399J. IMPROVEMENTS TO SECURITY COOPERATION WORKFORCE AND DEFENSE
ACQUISITION WORKFORCE.
(a) Responsibilities of Secretary of Defense.--
(1) In general.--The Secretary of Defense shall, consistent
with the requirements of section 384 of title 10, United States
Code, as amended by section 1209 of this Act--
(A) carry out activities to professionalize, and
increase the resources available to, the security
cooperation workforce so as to enable the streamlining
and expediting of the foreign military sales process;
and
(B) seek to ensure that--
(i) members of the defense acquisition
workforce involved in the foreign military
sales process are aware of evolving United
States regional and country-level defense
capability-building priorities; and
(ii) members of the defense acquisition
workforce are professionally evaluated using
metrics to measure--
(I) responsiveness to foreign
partner requests;
(II) ability to meet foreign
partner capability and delivery
schedule requirements; and
(III) advancement of foreign
capability-building priorities
described in the guidance updated under
subsection (b).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the resources necessary to
implement paragraph (1), including--
(A) the anticipated costs of new personnel and
training to carry out such paragraph;
(B) the estimated increase in foreign military
sales administrative user fees necessary to offset such
costs; and
(C) the feasibility and advisability of
establishing, at the Department of Defense level or the
military department level, a contracting capacity
that--
(i) is specific to the execution of
contracts for foreign military sales;
(ii) is fully funded by the Defense
Security Cooperation Agency using foreign
military sales administrative funds so as to
ensure that such capacity is dedicated solely
to foreign military sales contracting;
(iii) is monitored by the Defense Security
Cooperation Agency Chief Performance Office, in
coordination with the Under Secretary of
Defense for Acquisition and Sustainment, to
ensure effectiveness in meeting foreign
military sales contracting requirements; and
(iv) empowers the Director of the Defense
Security Cooperation Agency, in coordination
with the Under Secretary of Defense for Policy
and the Under Secretary of Defense for
Acquisition and Sustainment, to increase or
decrease foreign military sales contracting
capacity through the guidance updated under
subsection (b).
(b) Guidance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
update, as necessary, Department of Defense guidance governing
the execution of foreign military sales by the Department to
ensure that such guidance--
(A) incorporates the National Security Strategy and
the National Defense Strategy;
(B) is informed by the theater campaign plans and
theater security cooperation strategies of the
combatant commands; and
(C) is disseminated to the security cooperation
workforce and the defense acquisition workforce.
(2) Elements.--The updated guidance required by paragraph
(1) shall--
(A) identify--
(i) regional and country-level foreign
defense capability-building priorities; and
(ii) levels of urgency and desired
timelines for achieving foreign capability-
building objectives; and
(B) provide guidance to the defense acquisition
workforce regarding levels of resourcing, innovation,
and risk tolerance that should be considered in meeting
urgent needs.
(c) Foreign Military Sales Continuous Process Improvement Board.--
(1) Establishment.--The Secretary of Defense may establish
a Foreign Military Sales Continuous Process Improvement Board
(in this section referred to as the ``Board'') to serve as an
enduring governance structure within the Department of Defense
that reports to the Secretary on matters relating to the
foreign military sales process so as to enhance accountability
and continuous improvement within the Department, including the
objectives of--
(A) improving the understanding, among officials of
the Department, of ally and partner requirements;
(B) enabling efficient reviews for release of
technology;
(C) providing allies and partner countries with
relevant priority equipment;
(D) accelerating acquisition and contracting
support;
(E) expanding the capacity of the defense
industrial base; and
(F) working with other departments and agencies to
promote broad United States Government support.
(2) Membership.--
(A) In general.--The Board shall be composed of not
fewer than seven members, each of whom shall have
expertise in the foreign military sales process.
(B) Restriction.--The Board may not have as a
member--
(i) an officer or employee of the
Department of Defense; or
(ii) a member of the United States Armed
Forces.
(d) Definitions.--In this section:
(1) Defense acquisition workforce.--The term ``defense
acquisition workforce'' means the Department of Defense
acquisition workforce described in chapter 87 of title 10,
United States Code.
(2) Security cooperation workforce.--The term ``security
cooperation workforce'' has the meaning given the term in
section 384 of title 10, United States Code.
SEC. 1399K. MODIFICATION OF FOREIGN MILITARY SALES PROCESSING.
(a) Responses.--
(1) Letters of request for pricing and availability.--The
Secretary of Defense shall seek to ensure that an eligible
foreign purchaser that has submitted a letter of request for
pricing and availability data receives a response to the letter
not later than 45 days after the date on which the letter is
received by a United States security cooperation organization,
the Defense Security Cooperation Agency, or other implementing
agency.
(2) Letters of request for letters of offer and
acceptance.--The Secretary of Defense shall seek to ensure that
an eligible foreign purchaser that has submitted a letter of
request for a letter of offer and acceptance receives a
response--
(A) in the case of a letter of request for a
blanket-order letter of offer and acceptance,
cooperative logistics supply support arrangements, or
associated amendments and modifications, not later than
45 days after the date on which the letter of request
is received by a United States security cooperation
organization, the Defense Security Cooperation Agency,
or other implementing agency;
(B) in the case of a letter of request for a
defined-order letter of offer and acceptance or
associated amendments and modifications, not later than
100 days after such date; and
(C) in the case of a letter of request for a
defined-order letter of offer and acceptance or
associated amendments that involve extenuating factors,
as approved by the Director of the Defense Security
Cooperation Agency, not later than 150 days after such
date.
(3) Waiver.--The Secretary of Defense may waive paragraphs
(1) and (2) if--
(A) such a waiver is in the national security
interests of the United States; and
(B) not later than 5 days after exercising such
waiver authority, the Secretary provides to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives notice of the exercise of such
authority, including an explanation of the one or more
reasons for failing to meet the applicable deadline.
(b) Expansion of Country Prioritization.--With respect to foreign
military sales to member countries of the North Atlantic Treaty
Organization, major non-NATO allies, major defense partners, and major
security partners, the Secretary of Defense may assign a Defense
Priorities and Allocations System order rating of DX (within the
meaning of section 700.11 of title 15, Code of Federal Regulations (as
in effect on the date of the enactment of this Act)).
(c) Definitions.--In this section:
(1) Blanket-order letter of offer and acceptance.--The term
``blanket-order letter of offer and acceptance'' means an
agreement between an eligible foreign purchaser and the United
States Government for a specific category of items or services
(including training) that--
(A) does not include a definitive listing of items
or quantities; and
(B) specifies a maximum dollar amount against which
orders for defense articles and services may be placed.
(2) Cooperative logistics supply support arrangement.--The
term ``cooperative logistics supply support arrangement'' means
a military logistics support arrangement designed to provide
responsive and continuous supply support at the depot level for
United States-made military materiel possessed by foreign
countries or international organizations.
(3) Defined-order letter of offer and acceptance.--The term
``defined-order letter of offer and acceptance'' means a
foreign military sales case characterized by an order for a
specific defense article or service that is separately
identified as a line item on a letter of offer and acceptance.
(4) Implementing agency.--The term ``implementing agency''
means the military department or defense agency assigned, by
the Director of the Defense Security Cooperation Agency, the
responsibilities of--
(A) preparing a letter of offer and acceptance;
(B) implementing a foreign military sales case; and
(C) carrying out the overall management of the
activities that--
(i) will result in the delivery of the
defense articles or services set forth in the
letter of offer and acceptance; and
(ii) was accepted by an eligible foreign
purchaser.
(5) Letter of request.--The term ``letter of request''--
(A) means a written document--
(i) submitted to a United States security
cooperation organization, the Defense Security
Cooperation Agency, or an implementing agency
by an eligible foreign purchaser for the
purpose of requesting to purchase or otherwise
obtain a United States defense article or
defense service through the foreign military
sales process; and
(ii) that contains all relevant information
in such form as may be required by the
Secretary of Defense; and
(B) includes--
(i) a formal letter;
(ii) an e-mail;
(iii) signed meeting minutes from a
recognized official of the government of an
eligible foreign purchaser; and
(iv) any other form of written document, as
determined by the Secretary of Defense or the
Director of the Defense Security Cooperation
Agency.
(6) Major defense partner.--The term ``major defense
partner'' means--
(A) India; and
(B) any other country, as designated by the
Secretary of Defense.
(7) Major non-nato ally.--The term ``major non-NATO
ally''--
(A) has the meaning given the term in section 644
of the Foreign Assistance Act of 1961 (22 U.S.C.
2403)); and
(B) includes Taiwan, as required by section 1206 of
the Security Assistance Act of 2002 (Public Law 107-
228; 22U.S.C. 2321k note).
(8) Major security partner.--The term ``major security
partner'' means--
(A) the United Arab Emirates;
(B) Bahrain;
(C) Saudi Arabia; and
(D) any other country, as designated by the
Secretary of Defense, in consultation with the
Secretary of State and the Director of National
Intelligence.
SEC. 1399L. ENDING CHINA'S DEVELOPING NATION STATUS.
(a) Short Title.--This section may be cited as the ``Ending China's
Developing Nation Status Act''.
(b) Finding; Statement of Policy.--
(1) Finding.--Congress finds that the People's Republic of
China is still classified as a developing nation under multiple
treaties and international organization structures, even though
China has grown to be the second largest economy in the world.
(2) Statement of policy.--It is the policy of the United
States--
(A) to oppose the labeling or treatment of the
People's Republic of China as a developing nation in
current and future treaty negotiations and in each
international organization of which the United States
and the People's Republic of China are both current
members;
(B) to pursue the labeling or treatment of the
People's Republic of China as a developed nation in
each international organization of which the United
States and the People's Republic of China are both
current members; and
(C) to work with allies and partners of the United
States to implement the policies described in
paragraphs (1) and (2).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives with respect to--
(i) reports produced by the Secretary of
State; and
(ii) a waiver exercised pursuant to
subsection (f)(2), except with respect to any
international organization for which the United
States Trade Representative is the chief
representative of the United States; and
(B) the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives with respect to--
(i) reports produced by the United States
Trade Representative; and
(ii) a waiver exercised pursuant to
subsection (f)(2) with respect to any
international organization for which the United
States Trade Representative is the chief
representative of the United States.
(2) Secretary.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Secretary'' means the Secretary of
State.
(B) Exception.--The term ``Secretary'' shall mean
the United States Trade Representative with respect to
any international organization for which the United
States Trade Representative is the chief representative
of the United States.
(d) Report on Development Status in Current Treaty Negotiations.--
Not later than 180 days after the date of the enactment of this Act,
the Secretary shall submit a report to the appropriate committees of
Congress that--
(1) identifies all current treaty negotiations in which--
(A) the proposed treaty would provide for different
treatment or standards for enforcement of the treaty
based on respective development status of the states
that are party to the treaty; and
(B) the People's Republic of China is actively
participating in the negotiations, or it is reasonably
foreseeable that the People's Republic of China would
seek to become a party to the treaty; and
(2) for each treaty negotiation identified pursuant to
paragraph (1), describes how the treaty under negotiation would
provide different treatment or standards for enforcement of the
treaty based on development status of the states parties.
(e) Report on Development Status in Existing Organizations and
Treaties.--Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a report to the appropriate
committees of Congress that--
(1) identifies all international organizations or treaties,
of which the United States is a member, that provide different
treatment or standards for enforcement based on the respective
development status of the member states or states parties;
(2) describes the mechanisms for changing the country
designation for each relevant treaty or organization; and
(3) for each of the organizations or treaties identified
pursuant to paragraph (1)--
(A) includes a list of countries that--
(i) are labeled as developing nations or
receive the benefits of a developing nation
under the terms of the organization or treaty;
and
(ii) meet the World Bank classification for
upper middle income or high-income countries;
and
(B) describes how the organization or treaty
provides different treatment or standards for
enforcement based on development status of the member
states or states parties.
(f) Mechanisms for Changing Development Status.--
(1) In general.--In any international organization of which
the United States and the People's Republic of China are both
current members, the Secretary, in consultation with allies and
partners of the United States, shall pursue--
(A) changing the status of the People's Republic of
China from developing nation to developed nation if a
mechanism exists in such organization to make such
status change; or
(B) proposing the development of a mechanism
described in paragraph (1) to change the status of the
People's Republic of China in such organization from
developing nation to developed nation.
(2) Waiver.--The President may waive the application of
subparagraph (A) or (B) of paragraph (1) with respect to any
international organization if the President notifies the
appropriate committees of Congress that such a waiver is in the
national interests of the United States.
SEC. 1399M. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED VIOLATIONS
OF INTELLECTUAL PROPERTY RIGHTS.
Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is
amended--
(1) in subsection (a)(1), by inserting ``, packing
materials, shipping containers,'' after ``its packaging'' each
place it appears; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) any other party with an interest in the merchandise,
as determined appropriate by the Commissioner.''.
SEC. 1399N. FOREIGN PORT SECURITY ASSESSMENTS.
(a) Short Title.--This section may be cited as the ``International
Port Security Enforcement Act''.
(b) In General.--Section 70108 of title 46, United States Code, is
amended--
(1) in subsection (f)--
(A) in paragraph (1), by striking ``provided that''
and all that follows and inserting the following:
``if--
``(A) the Secretary certifies that the foreign
government or international organization--
``(i) has conducted the assessment in
accordance with subsection (b); and
``(ii) has provided the Secretary with
sufficient information pertaining to its
assessment (including information regarding the
outcome of the assessment); and
``(B) the foreign government that conducted the
assessment is not a state sponsor of terrorism (as
defined in section 3316(h).''; and
(B) by amending paragraph (3) to read as follows:
``(3) Limitations.--Nothing in this section may be
construed--
``(A) to require the Secretary to treat an
assessment conducted by a foreign government or an
international organization as an assessment that
satisfies the requirement under subsection (a);
``(B) to limit the discretion or ability of the
Secretary to conduct an assessment under this section;
``(C) to limit the authority of the Secretary to
repatriate aliens to their respective countries of
origin; or
``(D) to prevent the Secretary from requesting
security and safety measures that the Secretary
considers necessary to safeguard Coast Guard personnel
during the repatriation of aliens to their respective
countries of origin.''; and
(2) by adding at the end the following:
``(g) State Sponsors of Terrorism and International Terrorist
Organizations.--The Secretary--
``(1) may not enter into an agreement under subsection
(f)(2) with--
``(A) a foreign government that is a state sponsor
of terrorism; or
``(B) a foreign terrorist organization; and
``(2) shall--
``(A) deem any port that is under the jurisdiction
of a foreign government that is a state sponsor of
terrorism as not having effective antiterrorism
measures for purposes of this section and section
70109; and
``(B) immediately apply the sanctions described in
section 70110(a) to such port.''.
SEC. 1399O. LEGAL PREPAREDNESS FOR SERVICEMEMBERS ABROAD.
(a) Review Required.--Not later than December 31, 2024, the
Secretary of State, in coordination with the Secretary of Defense,
shall--
(1) review the 10 largest foreign countries by United
States Armed Forces presence and evaluate local legal systems,
protections afforded by bilateral agreements between the United
States and countries being evaluated, and how the rights and
privileges afforded under such agreements may differ from
United States law; and
(2) brief the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate on the findings of the review.
(b) Training Required.--The Secretary of Defense shall review and
improve as necessary training and educational materials for members of
the Armed Forces, their spouses, and dependents, as appropriate, who
are stationed in a country reviewed pursuant to subsection (a)(1)
regarding relevant foreign laws, how such foreign laws may differ from
the laws of the United States, and the rights of accused in common
scenarios under such foreign laws.
(c) Translation Standards and Readiness.--The Secretary of Defense,
in coordination with the Secretary of State, shall review foreign
language standards for servicemembers and employees of the Department
of Defense and Department of State who are responsible for providing
foreign language translation services in situations involving foreign
law enforcement where a servicemember may be being detained, to ensure
such persons maintain an appropriate proficiency in the legal
terminology and meaning of essential terms in a relevant language.
Subtitle H--Limitation on Withdrawal From NATO
SEC. 1399AA. OPPOSITION OF CONGRESS TO SUSPENSION, TERMINATION,
DENUNCIATION, OR WITHDRAWAL FROM NORTH ATLANTIC TREATY.
The President shall not suspend, terminate, denounce, or withdraw
the United States from the North Atlantic Treaty, done at Washington,
DC, April 4, 1949, except by and with the advice and consent of the
Senate, provided that two-thirds of the Senators present concur, or
pursuant to an Act of Congress.
SEC. 1399BB. LIMITATION ON THE USE OF FUNDS.
No funds authorized or appropriated by any Act may be used to
support, directly or indirectly, any decision on the part of any United
States Government official to suspend, terminate, denounce, or withdraw
the United States from the North Atlantic Treaty, done at Washington,
DC, April 4, 1949, until such time as both the Senate and the House of
Representatives pass, by an affirmative vote of two-thirds of Members,
a joint resolution approving the withdrawal of the United States from
the treaty, or pursuant to an Act of Congress.
SEC. 1399CC. NOTIFICATION OF TREATY ACTION.
(a) Consultation.--Prior to the notification described in
subsection (b), the President shall consult with the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives in relation to any initiative to suspend,
terminate, denounce, or withdraw the United States from the North
Atlantic Treaty.
(b) Notification.--The President shall notify the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives in writing of any deliberation or decision
to suspend, terminate, denounce, or withdraw the United States from the
North Atlantic Treaty, as soon as possible but in no event later than
180 days prior to taking such action.
SEC. 1399DD. AUTHORIZATION OF LEGAL COUNSEL TO REPRESENT CONGRESS.
(a) In General.--By adoption of a resolution of the Senate or the
House of Representatives, respectively, the Senate Legal Counsel or the
General Counsel to the House of Representatives may be authorized to
initiate, or intervene in, in the name of the Senate or the House of
Representatives, as the case may be, independently, or jointly, any
judicial proceedings in any Federal court of competent jurisdiction in
order to oppose any action to suspend, terminate, denounce, or withdraw
the United States from the North Atlantic Treaty in a manner
inconsistent with this subtitle.
(b) Consideration.--Any resolution or joint resolution introduced
relating to any action to suspend, terminate, denounce or withdraw the
United States from the North Atlantic Treaty and introduced pursuant to
section 4(a) of this title shall be considered in accordance with the
procedures of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765).
SEC. 1399EE. REPORTING REQUIREMENT.
Any legal counsel operating pursuant to section 1299R shall report
as soon as practicable to the Committee on Foreign Relations of the
Senate or the Committee on Foreign Affairs of the House of
Representatives with respect to any judicial proceedings which the
Senate Legal Counsel or the General Counsel to the House of
Representatives, as the case may be, initiates or in which it
intervenes pursuant to section 1299R.
SEC. 1399FF. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize, imply, or
otherwise indicate that the President may suspend, terminate, denounce,
or withdraw from any treaty to which the Senate has provided its advice
and consent without the advice and consent of the Senate to such act or
pursuant to an Act of Congress.
SEC. 1399GG. SEVERABILITY.
If any provision of this subtitle or the application of such
provision is held by a Federal court to be unconstitutional, the
remainder of this subtitle and the application of such provisions to
any other person or circumstance shall not be affected thereby.
SEC. 1399HH. DEFINITIONS.
In this subtitle, the terms ``withdrawal'', ``denunciation'',
``suspension'', and ``termination'' have the meaning given the terms in
the Vienna Convention on the Law of Treaties, concluded at Vienna May
23, 1969.
Subtitle I--Combating Global Corruption
SEC. 1399AAA. SHORT TITLE.
This subtitle may be cited as the ``Combating Global Corruption
Act''.
SEC. 1399BBB. DEFINITIONS.
In this subtitle:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a
government official or government entity responsible
for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant stake,
which is responsible for, or complicit in, an act of
corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain, including
by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making,
such as policy or resource determinations, or other
fundamental functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 1399CCC. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually publish, on
a publicly accessible website, a tiered ranking of all foreign
countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier 1
country in the ranking published under subsection (a) if the government
of such country is complying with the minimum standards set forth in
section 1299R.
(c) Tier 2 Countries.--A country shall be ranked as a tier 2
country in the ranking published under subsection (a) if the government
of such country is making efforts to comply with the minimum standards
set forth in section 1299R, but is not achieving the requisite level of
compliance to be ranked as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier 3
country in the ranking published under subsection (a) if the government
of such country is making de minimis or no efforts to comply with the
minimum standards set forth in section 1299R.
SEC. 1399DDD. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND
ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.
(a) In General.--The government of a country is complying with the
minimum standards for the elimination of corruption if the government--
(1) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of State shall
consider, to the extent relevant or appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption, and
convicts and sentences persons responsible for such acts over
which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in foreign
military assignments, trade delegations abroad, or other
similar missions, who engage in or facilitate significant
corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform and
educate the public, including potential victims, about the
causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat significant
corruption, including, as appropriate, cooperating with the
governments of other countries to extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being further
victimized or persecuted by corrupt actors, government
officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-directed
investment, loans or grants for major infrastructure, or other
initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts to Combat Corruption in Relation
to Relevant International Commitments.--In determining whether a
government is making serious and sustained efforts to address
corruption, the Secretary of State shall consider the government of a
country's compliance with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done at
Paris December 21, 1997 (commonly referred to as the ``Anti-
Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 1399EEE. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN
RIGHTS ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in coordination with the
Secretary of the Treasury, should evaluate whether there are foreign
persons engaged in significant corruption for the purposes of potential
imposition of sanctions under the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note)--
(1) in all countries identified as tier 3 countries under
section 1299Q(d); or
(2) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(b) Report Required.--Not later than 180 days after publishing the
list required by section 1299Q(a) and annually thereafter, the
Secretary of State shall submit to the committees specified in
subsection (e) a report that includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons that have been engaged in
significant corruption in relation to the planning,
construction, or operation of the Nord Stream 2 pipeline.
(c) Form of Report.--Each report required by subsection (b) shall
be submitted in unclassified form but may include a classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except with
respect to the list required by subsection (b)(4)) provide a briefing
to the committees specified in subsection (e) instead of submitting a
written report required under subsection (b), if doing so would better
serve existing United States anti-corruption efforts or the national
interests of the Untied States.
(e) Termination of Requirements Relating to Nord Stream 2.--The
requirements under subsections (a)(2) and (b)(4) shall terminate on the
date that is 5 years after the date of the enactment of this Act.
(f) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
SEC. 1399FFF. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified as tier 2 or tier 3 under section 1299Q, or
which the Secretary otherwise determines is in need of such a point of
contact. The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for enhancing
coordination and promoting the implementation of a whole-of-government
approach among the relevant Federal departments and agencies
undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
Subtitle J--International Children With Disabilities Protection
SEC. 1399AAAA. SHORT TITLE.
This subtitle may be cited as the ``International Children with
Disabilities Protection Act of 2023''.
SEC. 1399BBBB. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) stigma and discrimination against children with
disabilities, particularly intellectual and other developmental
disabilities, and lack of support for community inclusion have
left people with disabilities and their families economically
and socially marginalized;
(2) organizations of persons with disabilities and family
members of persons with disabilities are often too small to
apply for or obtain funds from domestic or international
sources or ineligible to receive funds from such sources;
(3) as a result of the factors described in paragraphs (1)
and (2), key stakeholders have often been left out of public
policymaking on matters that affect children with disabilities;
and
(4) financial support, technical assistance, and active
engagement of persons with disabilities and their families is
needed to ensure the development of effective policies that
protect families, ensure the full inclusion in society of
children with disabilities, and promote the ability of persons
with disabilities to live in the community with choices equal
to others.
SEC. 1399CCCC. DEFINITIONS.
In this subtitle:
(1) Department.--The term ``Department'' means the
Department of State.
(2) Eligible implementing partner.--The term ``eligible
implementing partner'' means a nongovernmental organization or
other civil society organization that--
(A) has the capacity to administer grants directly
or through subgrants that can be effectively used by
local organizations of persons with disabilities; and
(B) has international expertise in the rights of
persons with disabilities, including children with
disabilities and their families.
(3) Organization of persons with disabilities.--The term
``organization of persons with disabilities'' means a
nongovernmental civil society organization run by and for
persons with disabilities and families of children with
disabilities.
SEC. 1399DDDD. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) assist partner countries in developing policies and
programs that recognize, support, and protect the civil and
political rights of and enjoyment of fundamental freedoms by
persons with disabilities, including children, such that the
latter may grow and thrive in supportive family environments
and make the transition to independent living as adults;
(2) promote the development of advocacy and leadership
skills among persons with disabilities and their families in a
manner that enables effective civic engagement, including at
the local, national, and regional levels, and promote policy
reforms and programs that support full economic and civic
inclusion of persons with disabilities and their families;
(3) promote the development of laws and policies that--
(A) strengthen families and protect against the
unnecessary institutionalization of children with
disabilities; and
(B) create opportunities for children and youth
with disabilities to access the resources and support
needed to achieve their full potential to live
independently in the community with choices equal to
others;
(4) promote the participation of persons with disabilities
and their families in advocacy efforts and legal frameworks to
recognize, support, and protect the civil and political rights
of and enjoyment of fundamental freedoms by persons with
disabilities; and
(5) promote the sustainable action needed to bring about
changes in law, policy, and programs to ensure full family
inclusion of children with disabilities and the transition of
children with disabilities to independent living as adults.
SEC. 1399EEEE. INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION
PROGRAM AND CAPACITY BUILDING.
(a) International Children With Disabilities Protection Program.--
(1) In general.--There is authorized to be established
within the Department of State a program to be known as the
``International Children with Disabilities Protection Program''
(in this section referred to as the ``Program'') to carry out
the policy described in [section _4].
(2) Criteria.--In carrying out the Program under this
section, the Secretary of State, in consultation with leading
civil society groups with expertise in the protection of civil
and political rights of and enjoyment of fundamental freedoms
by persons with disabilities, may establish criteria for
priority activities under the Program in selected countries.
(3) Disability inclusion grants.--The Secretary of State
may award grants to eligible implementing partners to
administer grant amounts directly or through subgrants.
(4) Subgrants.--An eligible implementing partner that
receives a grant under paragraph (3) should provide subgrants
and, in doing so, shall prioritize local organizations of
persons with disabilities working within a focus country or
region to advance the policy described in [section _4].
(b) Authorization of Appropriations.--
(1) In general.--Of funds made available in fiscal years
2024 through 2029 to carry out the purposes of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are
authorized to be appropriated to carry out this subtitle
amounts as follows:
(A) $2,000,000 for fiscal year 2024.
(B) $5,000,000 for each of fiscal years 2025
through 2029.
(2) Capacity-building and technical assistance programs.--
Of the amounts authorized to be appropriated by paragraph (1),
not less than $1,000,000 for each of fiscal years 2024 through
2029 should be available for capacity-building and technical
assistance programs to--
(A) develop the leadership skills of persons with
disabilities, legislators, policymakers, and service
providers in the planning and implementation of
programs to advance the policy described in [section
_4];
(B) increase awareness of successful models of the
promotion of civil and political rights and fundamental
freedoms, family support, and economic and civic
inclusion among organizations of persons with
disabilities and allied civil society advocates,
attorneys, and professionals to advance the policy
described in [section _4]; and
(C) create online programs to train policymakers,
advocates, and other individuals on successful models
to advance reforms, services, and protection measures
that enable children with disabilities to live within
supportive family environments and become full
participants in society, which--
(i) are available globally;
(ii) offer low-cost or no-cost training
accessible to persons with disabilities, family
members of such persons, and other individuals
with potential to offer future leadership in
the advancement of the goals of family
inclusion, transition to independent living as
adults, and protection measures for children
with disabilities; and
(iii) should be targeted to government
policymakers, advocates, and other potential
allies and supporters among civil society
groups.
SEC. 1399FFFF. ANNUAL REPORT ON IMPLEMENTATION.
(a) Annual Report Required.--
(1) In general.--Not less frequently than annually through
fiscal year 2029, the Secretary of State shall submit to the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on--
(A) the programs and activities carried out to
advance the policy described in [section _4]; and
(B) any broader work of the Department in advancing
that policy.
(2) Elements.--Each report required by paragraph (1) shall
include, with respect to each program carried out under
[section _5]--
(A) the rationale for the country and program
selection;
(B) the goals and objectives of the program, and
the kinds of participants in the activities and
programs supported;
(C) a description of the types of technical
assistance and capacity building provided; and
(D) an identification of any gaps in funding or
support needed to ensure full participation of
organizations of persons with disabilities or inclusion
of children with disabilities in the program.
(3) Consultation.--In preparing each report required by
paragraph (1), the Secretary of State shall consult with
organizations of persons with disabilities.
SEC. 1399GGGG. PROMOTING INTERNATIONAL PROTECTION AND ADVOCACY FOR
CHILDREN WITH DISABILITIES.
(a) Sense of Congress on Programming and Programs.--It is the sense
of Congress that--
(1) all programming of the Department and the United States
Agency for International Development related to health systems
strengthening, primary and secondary education, and the
protection of civil and political rights of persons with
disabilities should seek to be consistent with the policy
described in [section _4]; and
(2) programs of the Department and the United States Agency
for International Development related to children, global
health, and education--
(A) should--
(i) engage organizations of persons with
disabilities in policymaking and program
implementation; and
(ii) support full inclusion of children
with disabilities in families; and
(B) should aim to avoid support for residential
institutions for children with disabilities except in
situations of conflict or emergency in a manner that
protects family connections as described in subsection
(b).
(b) Sense of Congress on Conflict and Emergencies.--It is the sense
of Congress that--
(1) programs of the Department and the United States Agency
for International Development serving children in situations of
conflict or emergency, among displaced or refugee populations,
or in natural disasters should seek to ensure that children
with and without disabilities can maintain family ties; and
(2) in situations of emergency, if children are separated
from parents or have no family, every effort should be made to
ensure that children are placed with extended family, in
kinship care, or in an adoptive or foster family.
Subtitle K--Western Hemisphere Partnership Act of 2023
SEC. 1399AAAAA. SHORT TITLE.
This subtitle may be cited as the ``Western Hemisphere Partnership
Act of 2023''.
SEC. 1399BBBBB. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.
It is the policy of the United States to promote economic
competitiveness, democratic governance, and security in the Western
Hemisphere by--
(1) encouraging stronger economic relations, respect for
property rights, the rule of law, and enforceable investment
rules and labor and environmental standards;
(2) advancing the principles and practices expressed in the
Charter of the Organization of American States, the American
Declaration on the Rights and Duties of Man, and the Inter-
American Democratic Charter; and
(3) enhancing the capacity and technical capabilities of
democratic partner nation government institutions, including
civilian law enforcement, the judiciary, attorneys general, and
security forces.
SEC. 1399CCCCC. PROMOTING SECURITY AND THE RULE OF LAW IN THE WESTERN
HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should strengthen security cooperation with democratic partner
nations in the Western Hemisphere to promote a secure hemisphere and to
address the negative impacts of transnational criminal organizations
and malign external state actors.
(b) Collaborative Efforts.--The Secretary of State, in coordination
with the heads of other relevant Federal agencies, should support the
improvement of security conditions and the rule of law in the Western
Hemisphere through collaborative efforts with democratic partners
that--
(1) enhance the institutional capacity and technical
capabilities of defense and security institutions in democratic
partner nations to conduct national or regional security
missions, including through regular bilateral and multilateral
engagements, foreign military sales and financing,
international military education and training programs,
expanding the National Guard State Partnership Programs, and
other means;
(2) provide technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to relevant security forces to disrupt, degrade, and
dismantle organizations involved in the illicit trafficking of
narcotics and precursor chemicals, transnational criminal
activities, illicit mining, and illegal, unreported, and
unregulated fishing, and other illicit activities;
(3) enhance the institutional capacity, legitimacy, and
technical capabilities of relevant civilian law enforcement,
attorneys general, and judicial institutions to--
(A) strengthen the rule of law and transparent
governance;
(B) combat corruption and kleptocracy in the
region; and
(C) improve regional cooperation to disrupt,
degrade, and dismantle transnational organized criminal
networks and terrorist organizations, including through
training, anticorruption initiatives, anti-money
laundering programs, and strengthening cyber
capabilities and resources;
(4) enhance port management and maritime security
partnerships and airport management and aviation security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services;
(5) strengthen cooperation to improve border security
across the Western Hemisphere, dismantle human smuggling and
trafficking networks, and increase cooperation to demonstrably
strengthen migration management systems;
(6) counter the malign influence of state and non-state
actors and disinformation campaigns;
(7) disrupt illicit domestic and transnational financial
networks;
(8) foster mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) supporting regional preparedness, recovery, and
emergency management centers to facilitate rapid
response to survey and help maintain planning on
regional disaster anticipated needs and possible
resources;
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences;
(C) making available, preparing, and transferring
on-hand nonlethal supplies, and providing training on
the use of such supplies, for humanitarian or health
purposes to respond to unforeseen emergencies; and
(D) conducting medical support operations and
medical humanitarian missions, such as hospital ship
deployments and base-operating services, to the extent
required by the operation;
(9) foster regional mechanisms for early warning and
response to pandemics in the Western Hemisphere, including
through--
(A) improved cooperation with and research by the
United States Centers for Disease Control and
Prevention through regional pandemic response centers;
(B) personnel exchanges for technology transfer and
skills development; and
(C) surveying and mapping of health networks to
build local health capacity;
(10) promote the meaningful participation of women across
all political processes, including conflict prevention and
conflict resolution and post-conflict relief and recovery
efforts; and
(11) hold accountable actors that violate political and
civil rights.
(c) Limitations on Use of Technologies.--Operational technologies
transferred pursuant to subsection (b) to partner governments for
intelligence, defense, or law enforcement purposes shall be used solely
for the purposes for which the technology was intended. The United
States shall take all necessary steps to ensure that the use of such
operational technologies is consistent with United States law,
including protections of freedom of expression, freedom of movement,
and freedom of association.
(d) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal agencies,
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a 5-year strategy to promote security and the
rule of law in the Western Hemisphere in accordance to this
section.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) A detailed assessment of the resources required
to carry out such collaborative efforts.
(B) Annual benchmarks to track progress and
obstacles in undertaking such collaborative efforts.
(C) A public diplomacy component to engage the
people of the Western Hemisphere with the purpose of
demonstrating that the security of their countries is
enhanced to a greater extent through alignment with the
United States and democratic values rather than with
authoritarian countries such as the People's Republic
of China, the Russian Federation, and the Islamic
Republic of Iran.
(3) Briefing.--Not later than 1 year after submission of
the strategy required under paragraph (1), and annually
thereafter, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a briefing
on the implementation of the strategy.
SEC. 1399DDDDD. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE
WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should support digitalization and expand cybersecurity
cooperation in the Western Hemisphere to promote regional economic
prosperity and security.
(b) Promotion of Digitalization and Cybersecurity.--The Secretary
of State, in coordination with the heads of other relevant Federal
agencies, should promote digitalization and cybersecurity in the
Western Hemisphere through collaborative efforts with democratic
partners that--
(1) promote digital connectivity and facilitate e-commerce
by expanding access to information and communications
technology (ICT) supply chains that adhere to high-quality
security and reliability standards, including--
(A) to open market access on a national treatment,
nondiscriminatory basis; and
(B) to strengthen the cybersecurity and cyber
resilience of partner countries;
(2) advance the provision of digital government services
(e-government) that, to the greatest extent possible, promote
transparency, lower business costs, and expand citizens' access
to public services and public information; and
(3) develop robust cybersecurity partnerships to--
(A) promote the inclusion of components and
architectures in information and communications
technology (ICT) supply chains from participants in
initiatives that adhere to high-quality security and
reliability standards;
(B) share best practices to mitigate cyber threats
to critical infrastructure from ICT architectures by
technology providers that supply equipment and services
covered under section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601);
(C) effectively respond to cybersecurity threats,
including state-sponsored threats; and
(D) to strengthen resilience against cyberattacks
and cybercrime.
SEC. 1399EEEEE. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN THE
WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should enhance economic and commercial ties with democratic
partners to promote prosperity in the Western Hemisphere by modernizing
and strengthening trade capacity-building and trade facilitation
initiatives, encouraging market-based economic reforms that enable
inclusive economic growth, strengthening labor and environmental
standards, addressing economic disparities of women, and encouraging
transparency and adherence to the rule of law in investment dealings.
(b) In General.--The Secretary of State, in coordination with the
United States Trade Representative, the Chief Executive Officer of the
Development Finance Corporation, and the heads of other relevant
Federal agencies, should support the improvement of economic conditions
in the Western Hemisphere through collaborative efforts with democratic
partners that--
(1) facilitate a more open, transparent, and competitive
environment for United States businesses and promote robust and
comprehensive trade capacity-building and trade facilitation
by--
(A) reducing trade and nontariff barriers between
the countries in the region, establishing a mechanism
for pursuing Mutual Recognition Agreements and
Formalized Regulatory Cooperation Agreements in
priority sectors of the economy;
(B) establishing a forum for discussing and
evaluating technical and other assistance needs to help
establish streamlined ``single window'' processes to
facilitate movement of goods and common customs
arrangements and procedures to lower costs of goods in
transit and speed to destination;
(C) building relationships and exchanges between
relevant regulatory bodies in the United States and
democratic partners in the Western Hemisphere to
promote best practices and transparency in rulemaking,
implementation, and enforcement, and provide training
and assistance to help improve supply chain management
in the Western Hemisphere;
(D) establishing regional fora for identifying,
raising, and addressing supply chain management issues,
including infrastructure needs and strengthening of
investment rules and regulatory frameworks;
(E) establishing a dedicated program of trade
missions and reverse trade missions to increase
commercial contacts and ties between the United States
and Western Hemisphere partner countries; and
(F) strengthening labor and environmental standards
in the region;
(2) establish frameworks or mechanisms to review and
address the long-term financial sustainability and national
security implications of foreign investments in strategic
sectors or services;
(3) establish competitive and transparent infrastructure
project selection and procurement processes that promote
transparency, open competition, financial sustainability, and
robust adherence to global standards and norms; and
(4) advance robust and comprehensive energy production and
integration, including through a more open, transparent, and
competitive environment for United States companies competing
in the Western Hemisphere, including by--
(A) facilitating further development of integrated
regional energy markets;
(B) improving management of grids, including
technical capability to ensure the functionality, safe
and responsible management, and quality of service of
electricity providers, carriers, and management and
distribution systems;
(C) facilitating private sector-led development of
reliable and affordable power generation capacity;
(D) establishing a process for surveying grid
capacity and management focused on identifying
electricity service efficiencies and establishing
cooperative mechanisms for providing technical
assistance for--
(i) grid management, power pricing, and
tariff issues;
(ii) establishing and maintaining
appropriate regulatory best practices; and
(iii) proposals to establish regional power
grids for the purpose of promoting the sale of
excess supply to consumers across borders;
(E) assessing the viability and effectiveness of
decentralizing power production and transmission and
building micro-grid power networks to improve, when
feasible, access to electricity, particularly in rural
and underserved communities where centralized power
grid connections may not be feasible in the short to
medium term; and
(F) exploring opportunities to partner with the
private sector and multilateral institutions, such as
the World Bank and the Inter-American Development Bank,
to promote universal access to reliable and affordable
electricity in the Western Hemisphere.
SEC. 1399FFFFF. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE IN THE
WESTERN HEMISPHERE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should support efforts to strengthen the capacity and legitimacy
of democratic institutions and inclusive processes in the Western
Hemisphere to promote a more transparent, democratic, and prosperous
region.
(b) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and heads of other relevant Federal agencies, should support
transparent, accountable, and democratic governance in the Western
Hemisphere through collaborative efforts with democratic partners
that--
(1) strengthen the capacity of national electoral
institutions to ensure free, fair, and transparent electoral
processes, including through pre-election assessment missions,
technical assistance, and independent local and international
election monitoring and observation missions;
(2) enhance the capabilities of democratically elected
national legislatures, parliamentary bodies, and autonomous
regulatory institutions to conduct oversight;
(3) strengthen the capacity of subnational government
institutions to govern in a transparent, accountable, and
democratic manner, including through training and technical
assistance;
(4) combat corruption at local and national levels,
including through trainings, cooperation agreements,
initiatives aimed at dismantling corrupt networks, and
political support for bilateral or multilateral anticorruption
mechanisms that strengthen attorneys general and prosecutors'
offices;
(5) strengthen the capacity of civil society to conduct
oversight of government institutions, build the capacity of
independent professional journalism, facilitate substantive
dialogue with government and the private sector to generate
issue-based policies, and mobilize local resources to carry out
such activities;
(6) promote the meaningful and significant participation of
women in democratic processes, including in national and
subnational government and civil society; and
(7) support the creation of procedures for the Organization
of American States (OAS) to create an annual forum for
democratically elected national legislatures from OAS member
States to discuss issues of hemispheric importance, as
expressed in section 4 of the Organization of American States
Legislative Engagement Act of 2020 (Public Law 116-343).
SEC. 1399GGGGG. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND LATIN
AMERICA AND THE CARIBBEAN.
(a) Strategy Required.--
(1) In general.--The President shall establish a
comprehensive United States strategy for public and private
investment, trade, and development in Africa and Latin America
and the Caribbean.
(2) Focus of strategy.--The strategy required by paragraph
(1) shall focus on increasing exports of United States goods
and services to Africa and Latin America and the Caribbean by
200 percent in real dollar value by the date that is 10 years
after the date of the enactment of this Act.
(3) Consultations.--In developing the strategy required by
paragraph (1), the President shall consult with--
(A) Congress;
(B) each agency that is a member of the Trade
Promotion Coordinating Committee;
(C) the relevant multilateral development banks, in
coordination with the Secretary of the Treasury and the
respective United States Executive Directors of such
banks;
(D) each agency that participates in the Trade
Policy Staff Committee established;
(E) the President's Export Council;
(F) each of the development agencies;
(G) any other Federal agencies with responsibility
for export promotion or financing and development; and
(H) the private sector, including businesses,
nongovernmental organizations, and African and Latin
American and Caribbean diaspora groups.
(4) Submission to appropriate congressional committees.--
(A) Strategy.--Not later than 200 days after the
date of the enactment of this Act, the President shall
submit to Congress the strategy required by subsection
(a).
(B) Progress report.--Not later than 3 years after
the date of the enactment of this Act, the President
shall submit to Congress a report on the implementation
of the strategy required by paragraph (1).
(b) Special Africa and Latin America and the Caribbean Export
Strategy Coordinators.--The Secretary of Commerce shall designate an
individual within the Department of Commerce to serve as Special Africa
Export Strategy Coordinator and an individual within the Department of
Commerce to serve as Special Latin America and the Caribbean Export
Strategy Coordinator--
(1) to oversee the development and implementation of the
strategy required by subsection (a);
(2) to coordinate developing and implementing the strategy
with--
(A) the Trade Promotion Coordinating Committee;
(B) the Director General for the U.S. and Foreign
Commercial Service and the Assistant Secretary for
Global Markets;
(C) the Assistant United States Trade
Representative for African Affairs or the Assistant
United States Trade Representative for the Western
Hemisphere, as appropriate;
(D) the Assistant Secretary of State for African
Affairs or the Assistant Secretary of State for Western
Hemisphere Affairs, as appropriate;
(E) the Foreign Agricultural Service of the
Department of Agriculture;
(F) the Export-Import Bank of the United States;
(G) the United States International Development
Finance Corporation; and
(H) the development agencies; and
(3) considering and reflecting the impact of promotion of
United States exports on the economy and employment
opportunities of importing country, with a view to improving
secure supply chains, avoiding economic disruptions, and
stabilizing economic growth in a trade and export strategy.
(c) Trade Missions to Africa and Latin America and the Caribbean.--
It is the sense of Congress that, not later than one year after the
date of the enactment of this Act, the Secretary of Commerce and other
high-level officials of the United States Government with
responsibility for export promotion, financing, and development should
conduct joint trade missions to Africa and to Latin America and the
Caribbean.
(d) Training.--The President shall develop a plan--
(1) to standardize the training received by United States
and Foreign Commercial Service officers, economic officers of
the Department of State, and economic officers of the United
States Agency for International Development with respect to the
programs and procedures of the Export-Import Bank of the United
States, the United States International Development Finance
Corporation, the Small Business Administration, and the United
States Trade and Development Agency; and
(2) to ensure that, not later than one year after the date
of the enactment of this Act--
(A) all United States and Foreign Commercial
Service officers that are stationed overseas receive
the training described in paragraph (1); and
(B) in the case of a country to which no United
States and Foreign Commercial Service officer is
assigned, any economic officer of the Department of
State stationed in that country receives that training.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Finance, the Committee on Commerce,
Science, and Transportation, and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Ways and Means, and the Committee on Energy and
Commerce of the House of Representatives.
(2) Development agencies.--The term ``development
agencies'' means the United States Department of State, the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States
International Development Finance Corporation, the United
States Trade and Development Agency, the United States
Department of Agriculture, and relevant multilateral
development banks.
(3) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
African Development Foundation.
(4) Trade policy staff committee.--The term ``Trade Policy
Staff Committee'' means the Trade Policy Staff Committee
established pursuant to section 2002.2 of title 15, Code of
Federal Regulations.
(5) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established under section 2312
of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(6) United states and foreign commercial service.--The term
``United States and Foreign Commercial Service'' means the
United States and Foreign Commercial Service established by
section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721).
SEC. 1399HHHHH. SENSE OF CONGRESS ON PRIORITIZING NOMINATION AND
CONFIRMATION OF QUALIFIED AMBASSADORS.
It is the sense of Congress that it is critically important that
both the President and the Senate play their respective roles to
nominate and confirm qualified ambassadors as quickly as possible.
SEC. 1399IIIII. WESTERN HEMISPHERE DEFINED.
In this subtitle, the term ``Western Hemisphere'' does not include
Cuba, Nicaragua, or Venezuela.
SEC. 1399JJJJJ. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES
CITIZENS AS HOSTAGES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report on efforts by
the Maduro regime of Venezuela to detain United States citizens and
lawful permanent residents.
(b) Elements.--The report required by subsection (a) shall include,
regarding the arrest, capture, detainment, and imprisonment of United
States citizens and lawful permanent residents--
(1) the names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities;
(2) a description of any role played by transnational
criminal organizations, and an identification of such
organizations; and
(3) where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been lured
to Venezuela.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but shall include a classified annex,
which shall include a list of the total number of United States
citizens and lawful permanent residents detained or imprisoned in
Venezuela as of the date on which the report is submitted.
TITLE XIV--COOPERATIVE THREAT REDUCTION
SEC. 1401. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $350,999,000 authorized to be
appropriated to the Department of Defense for fiscal year 2024 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,815,000.
(2) For chemical weapons destruction, $16,400,000.
(3) For global nuclear security, $19,406,000.
(4) For cooperative biological engagement, $228,030,000.
(5) For proliferation prevention, $46,324,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $34,024,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2024, 2025, and 2026.
TITLE XV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1501. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1502. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2024
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1503. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2024 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1504. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2024 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1505. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--National Defense Stockpile
SEC. 1511. RECOVERY OF RARE EARTH ELEMENTS AND OTHER STRATEGIC AND
CRITICAL MATERIALS THROUGH END-OF-LIFE EQUIPMENT
RECYCLING.
The Secretary of Defense shall establish policies and procedures--
(1) to identify end-of-life equipment of the Department of
Defense that contains rare earth elements and other materials
determined pursuant to section 3(a) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) to be
strategic and critical materials; and
(2) to identify, establish, and implement policies and
procedures to recover such materials from such equipment for
the purposes of reuse by the Department of Defense.
SEC. 1512. IMPROVEMENTS TO STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT.
(a) Purposes.--Section 2 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98a) is amended by adding at the end the
following new subsection:
``(d) To the maximum extent practicable and to reduce the reliance
of the National Defense Stockpile program on appropriated funds, the
National Defense Stockpile Manager shall seek to achieve positive cash
flows from the recovery of strategic and critical materials pursuant to
section 6(a)(5).''.
(b) Stockpile Management.--Section 6 of such Act (50 U.S.C. 98e) is
amended--
(1) in subsection (a)(5), by striking ``from excess'' and
all that follows and inserting ``from other Federal agencies,
either directly as materials or embedded in excess-to-need,
end-of-life items, or waste streams;'';
(2) in subsection (c)(1), by striking ``subsection (a)(5)
or (a)(6)'' and inserting ``subsection (a)(6) or (a)(7)'';
(3) in subsection (d)(2), by striking ``subsection (a)(5)''
and inserting ``subsection (a)(6)''; and
(4) by adding at the end the following new subsections:
``(g)(1) The National Defense Stockpile Manager shall establish a
pilot program to use, to the maximum extent practicable, commercial
best practices in the acquisition and disposal of strategic and
critical materials for the stockpile.
``(2)(A) The Stockpile Manager shall brief the congressional
defense committees (as defined in section 101(a) of title 10, United
States Code)--
``(i) as soon as practicable after the establishment of the
pilot program under paragraph (1); and
``(ii) annually thereafter until the termination of the
pilot program under paragraph (3).
``(B) The briefing required by subparagraph (A)(i) shall address--
``(i) the commercial best practices selected for use under
the pilot program;
``(ii) how the Stockpile Manager determined which
commercial best practices to select; and
``(iii) the plan of the Stockpile Manager for using such
practices.
``(C) Each briefing required by subparagraph (A)(ii) shall provide
a summary of--
``(i) how the Stockpile Manager has used commercial best
practices under the pilot program during the year preceding the
briefing;
``(ii) how many times the Stockpile Manager has used such
practices;
``(iii) the outcome of each use of such practices; and
``(iv) any savings achieved or lessons learned as a result
of the use of such practices.
``(3) The pilot program established under paragraph (1) shall
terminate effective on the date that is 5 years after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2024.
``(h) Unless otherwise necessary for national defense, the National
Defense Stockpile Manager shall implement recovery programs under
subsection (a)(5) to be cash flow positive.''.
(c) Development and Conservation of Reliable Sources.--
(1) In general.--Section 15 of such Act (50 U.S.C. 98h-6)
is amended to read as follows:
``SEC. 15. DEVELOPMENT AND CONSERVATION OF RELIABLE SOURCES.
``(a) Duties.--Subject to subsection (c), the National Defense
Stockpile Manager shall encourage the development and appropriate
conservation of reliable sources of strategic and critical materials--
``(1) by purchasing, or making a commitment to purchase,
strategic and critical materials from reliable sources when
such materials are needed for the stockpile;
``(2) by contracting with facilities located in and owned
and controlled by reliable sources, or making a commitment to
contract with such facilities, for the processing or refining
of strategic and critical materials in the stockpile when
processing or refining is necessary to convert such materials
into a form more suitable for storage or disposition or meeting
stockpile requirements;
``(3) by qualifying facilities located in and owned and
controlled by reliable sources, or qualifying strategic and
critical materials produced by such facilities, to meet
stockpile requirements;
``(4) by contracting with facilities located in and owned
and controlled by reliable sources to recycle strategic and
critical materials to meet stockpile requirements or increase
the balance of the National Defense Stockpile Transaction Fund
under section 9; and
``(5) by entering into an agreement to co-fund a bankable
feasibility study for a project for the development of
strategic and critical materials located in and owned and
controlled by a reliable source, if the agreement--
``(A) limits the liability of the stockpile to not
more than the total funding provided by the Federal
Government;
``(B) limits the funding contribution of the
Federal Government to not more than 50 percent of the
cost of the bankable feasibility study; and
``(C) does not obligate the Federal Government to
purchase strategic and critical materials from the
reliable source.
``(b) Additional Authorities.--
``(1) Extended contracting authority.--
``(A) In general.--The term of a contract or
commitment made under subsection (a) may not exceed ten
years.
``(B) Preexisting contracts.--A contract entered
into before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2024 for a
term of more than ten years may be extended, on or
after such date of enactment, for a total of not more
than an additional ten years pursuant to any option or
options set forth in the contract.
``(2) Matters relating to co-funding of bankable
feasibility studies.--To the extent authorized by Congress
pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501
et seq.) and determined to be required by the President
pursuant to that Act, the National Defense Stockpile Manager
may provide for loans or procure debt issued by other entities
to carry out a project for the development of strategic and
critical materials under subsection (a)(5).
``(c) Proposed Transactions Included in Annual Materials Plan.--
Descriptions of proposed transactions under subsection (a) shall be
included in the Annual Materials and Operations Plan. Changes to any
such transaction, or the addition of a transaction not included in such
plan, shall be made in accordance with section 5.
``(d) Availability of Funds.--The authority of the National Defense
Stockpile Manager to enter into obligations under this section is
effective for any fiscal year only to the extent that funds in the
National Defense Stockpile Transaction Fund under section 9 are
adequate to meet such obligations.
``(e) Bankable Feasibility Study Defined.--In this section, the
term `bankable feasibility study' means a comprehensive technical and
economic study--
``(1) of the selected development option for a strategic
and critical materials project that includes appropriately
detailed assessments of realistically assumed extraction,
processing, metallurgical, economic, marketing, legal,
environmental, social, and governmental considerations and any
other relevant operational factors and detailed financial
analysis, that are necessary to demonstrate at the time of
reporting that production is reasonably justified; and
``(2) that may reasonably serve as the basis for a final
decision by a proponent of a project or financial institution
to proceed with, or finance, the development of the project.''.
(2) Conforming amendments.--
(A) Materials research and development.--Section
8(a) of such Act (50 U.S.C. 98g(a)) is amended--
(i) in paragraph (1)(A), by striking ``or
in its territories or possessions,'' and
inserting ``its territories or possessions, or
in a reliable source''; and
(ii) in paragraph (2), by striking ``in
order to--'' and all that follows through
``mineral products.'' and inserting the
following: ``in order to develop new sources of
strategic and critical materials, develop
substitutes, or conserve domestic sources and
reliable sources of supply for such strategic
and critical materials.''.
(B) Definitions.--Section 12 of such Act (50 U.S.C.
98h-3) is amended by striking paragraph (3) and
inserting the following new paragraph (3):
``(i) The term `reliable source' mean a
citizen or business entity of--
``(I) the United States or any
territory or possession of the United
States;
``(II) a country of the national
technology and industrial base, as
defined in section 4801 of title 10,
United States Code; or
``(III) a qualifying country, as
defined in section 225.003 of the
Defense Federal Acquisition Regulation
Supplement.''.
(d) Technical Amendment.--Subsection (e) of section 10 of such Act
(50 U.S.C. 98h-1) is amended to read as follows:
``(e) Application of Provisions Relating to Federal Advisory
Committees.--Section 1013 of title 5, United States Code, shall not
apply to the Board.''.
SEC. 1513. AUTHORITY TO DISPOSE OF MATERIALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Pursuant to section 5(b) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile
Manager may dispose of the following materials contained in the
National Defense Stockpile in the following quantities:
(1) 8 short tons of beryllium.
(2) 154,043 short dry tons of metallurgical grade manganese
ore.
(3) 5,000 kilograms of germanium.
(4) 91,413 pounds of pan-based carbon fibers.
(5) Not more than 1,000 short tons of materials transferred
from another department or agency of the United States to the
National Defense Stockpile under section 4(b) of such Act (50
U.S.C. 98c(b)) that the National Defense Stockpile Manager
determines is no longer required for the Stockpile (in addition
to any amount of such materials previously authorized for
disposal).
SEC. 1514. BEGINNING BALANCES OF THE NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND FOR AUDIT PURPOSES.
For purposes of an audit conducted under chapter 9A of title 10,
United States Code, of the National Defense Stockpile Transaction Fund
established by section 9 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h)--
(1) the ending balance of $313,633,491.15 reported in the
Central Accounting Reporting System of the Department of the
Treasury for September 30, 2021, is the Fund Balance with
Treasury ending balance on that date;
(2) the Total Actual Resources-Collected opening balance
for October 1, 2021, for United States Standard General Ledger
Account 420100 is $314,548,154.42, as recorded in official
accounting records; and
(3) the Unapportioned-Unexpired Authority ending balance
for September 30, 2021, for United States Standard General
Ledger Account 445000 is $216,976,300.69, as recorded in
official accounting records.
Subtitle C--Other Matters
SEC. 1521. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1405 and available for the Defense Health
Program for operation and maintenance, $172,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571).
(b) Treatment of Transferred Funds.--For purposes of subsection
(a)(2) of such section 1704, any funds transferred under subsection (a)
shall be treated as amounts authorized and appropriated specifically
for the purpose of such a transfer.
(c) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1522. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2024
from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000
for the operation of the Armed Forces Retirement Home.
SEC. 1523. MODIFICATION OF LEASING AUTHORITY OF ARMED FORCES RETIREMENT
HOME.
(a) Agreements; Approval and Notification.--Section 1511(i) of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) is amended
by adding at the end the following new paragraphs:
``(9) Before entering into a lease described in this subsection,
the Chief Operating Officer may enter into an agreement with a
potential lessee providing for a period of exclusivity, access, study,
or for similar purposes. The agreement shall provide for the payment
(in cash or in kind) by the potential lessee of consideration for the
agreement unless the Chief Operating Officer determines that payment of
consideration will not promote the purpose and financial stability of
the Retirement Home or be in the public interest.
``(10) No further approval by the Secretary of Defense, nor
notification or report to Congress, shall be required for subordinate
leases under this subsection unless the facts or terms of the original
lease have materially changed.''.
(b) Administration of Funds.--Section 1511(i)(7) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)) is amended--
(1) by inserting ``an agreement with a potential lessee
or'' after ``The proceeds from''; and
(2) by striking the period at the end and inserting ``, to
remain available for obligation and expenditure to finance
expenses of the Retirement Home related to the formation and
administration of agreements and leases entered into under the
provisions of this subsection.''.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
SEC. 1601. ACQUISITION STRATEGY FOR PHASE 3 OF THE NATIONAL SECURITY
SPACE LAUNCH PROGRAM.
(a) Fiscal Years 2025 Through 2029.--With respect to the
acquisition strategy for Phase 3 of the National Security Space Launch
program, for fiscal years 2025 through 2029, the Secretary of Defense
shall establish--
(1) a low-risk launch program, to be known as ``Lane One'',
that consists of an indefinite delivery indefinite quantity
acquisition approach based on not fewer than 20 launches so as
to encourage the capabilities of new entrants that have
conducted not fewer than one previous launch; and
(2) a launch program, similar to the Phase Two National
Security Assured Access Launch program, to be known as ``Lane
Two'', that meets all National Security Space Launch
requirements, with full mission assurance, based on not fewer
than 35 launches.
(b) Fiscal Years 2027 Through 2029.--With respect to the
acquisition strategy for Phase 3 of the National Security Space Launch
program, for fiscal years 2027 through 2029, the Secretary of Defense
shall establish an accession launch program, to be known as ``Lane Two
A'', using the requirements of the program established under subsection
(a)(2) based on five launches of GPS Block IIIF satellites or
satellites the launches of which are complex, high-energy missions.
SEC. 1602. INITIAL OPERATING CAPABILITY FOR ADVANCED TRACKING AND
LAUNCH ANALYSIS SYSTEM AND SYSTEM-LEVEL REVIEW.
(a) Advanced Tracking and Launch Analysis System.--
(1) Date for initial operating capability.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of the Air Force shall--
(A) designate a date for the delivery of the
initial operating capability for the Advanced Tracking
and Launch Analysis System (ATLAS); and
(B) notify the congressional defense committees of
such date.
(2) Effect of failure to timely deliver.--If the initial
operating capability for ATLAS is not achieved by the date
designated under paragraph (1)(A), the Secretary shall--
(A) terminate the ATLAS program;
(B) designate an alternative program option that
provides a comparable capability to the capability
intended to be provided by ATLAS; and
(C) not later than 30 days after such date, notify
the congressional defense committees with respect to--
(i) such termination;
(ii) the designated alternative program
option;
(iii) the justification for selecting such
option; and
(iv) the estimated time and total costs to
completion of such option.
(b) System-level Review.--
(1) In general.--The Secretary shall enter into a contract
with a federally funded research and development center under
which the federally funded research and development center
shall, not less frequently than every 2 years through 2032,
conduct a review of the space command and control software
acquisition program to assess the ability of such program to
build a software framework that integrates multiple aspects of
space operations to enable the warfighter to command and
control space assets in a time of conflict.
(2) Elements.--Each review under paragraph (1) shall
consider the integration into such software framework of the
following:
(A) Sensor data applicable to the command and
control of space assets.
(B) Information contained in the Unified Data
Library relating to the number and location of space
objects.
(C) The ability to control space assets based on
such data and information.
(D) Any other matter the Secretary considers
necessary.
(3) Briefing.--The Secretary shall provide the
congressional defense committees with a briefing on the
findings of each review under paragraph (1), including--
(A) an assessment of any deficiency identified in
the review; and
(B) a plan to address such deficiency in a timely
manner.
SEC. 1603. DEPARTMENT OF THE AIR FORCE RESPONSIBILITY FOR SPACE-BASED
GROUND AND AIRBORNE MOVING TARGET INDICATION.
(a) In General.--The Department of the Air Force shall be
responsible for--
(1) serving as the final authority for the tasking of
space-based ground and airborne moving target indication
systems that--
(A) are primarily or fully funded by the Department
of Defense; and
(B) provide near real-time, direct support to
satisfy theater operations; and
(2) presenting such capability to the combatant commands to
accomplish the warfighting missions of the combatant commands
under the Unified Command Plan.
(b) Milestone Development Authority.--Subject to section 4204 of
title 10, United States Code, the Secretary of the Air Force, in
consultation with the Director of National Intelligence, shall be the
Milestone A approval (as defined in section 4211 of such title)
decision authority for space-related acquisition programs for ground
and airborne moving target indication collection assets described in
subsection (a) that are primarily or fully funded within the Military
Intelligence Program.
SEC. 1604. PRINCIPAL MILITARY DEPUTY FOR SPACE ACQUISITION AND
INTEGRATION.
Section 9016(b)(6) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) The Assistant Secretary of the Air Force for Space
Acquisition and Integration shall have a Principle Military
Deputy for Space Acquisition and Integration, who shall be an
officer of the Space Force on active duty. The Principal
Military Deputy for Space Acquisition and Integration shall be
appointed from among officers who have significant experience
in the areas of acquisition and program management. The
position of Principal Military Deputy for Space Acquisition and
Integration shall be designated as a critical acquisition
position under section 1731 of this title. In the event of a
vacancy in the position of Assistant Secretary of the Air Force
for Space Acquisition and Integration, the Principal Military
Deputy for Space Acquisition and Integration may serve as
Acting Assistant Secretary for Space Acquisition and
Integration for a period of not more than one year.''.
SEC. 1605. USE OF MIDDLE TIER ACQUISITION AUTHORITY FOR SPACE
DEVELOPMENT AGENCY ACQUISITION PROGRAM.
(a) In General.--The Director of the Space Development Agency shall
use the middle tier of acquisition authority, consistent with section
804 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 3201 note prec.) and Department of
Defense Instruction 5000.80, entitled ``Operation of the Middle Tier of
Acquisition (MTA)'' and issued on December 30, 2019 (or a successor
instruction), for the rapid fielding of satellites and associated
systems for Tranche 1, Tranche 2, and Tranche 3 of the proliferated
warfighter space architecture of the Space Development Agency.
(b) Rapid Prototyping and Fielding.--Any tranche of satellites or
associated systems developed and fielded under subsection (a) shall
have a level of maturity that allows such satellites or systems to be
rapidly prototyped within an acquisition program or rapidly fielded
within five years of the development of an approved requirement.
(c) Designation as Major Capability Acquisition.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment may designate a tranche described
in subsection (a) as a major capability acquisition program,
consistent with Department of Defense Instruction 5000.80,
entitled ``Operation of the Middle Tier of Acquisition (MTA)''
and issued on December 30, 2019 (or a successor instruction).
(2) Notice to congress.--Not later than 90 days before the
date on which a designation under paragraph (1) is made, the
Under Secretary of Defense for Acquisition and Sustainment
shall notify the congressional defense committees of the intent
to so designate and provide a justification for such
designation.
SEC. 1606. SPECIAL AUTHORITY FOR PROVISION OF COMMERCIAL SPACE LAUNCH
SUPPORT SERVICES.
(a) In General.--Chapter 135 of title 10, United States Code, is
amended by inserting after section 2276 the following new section:
``Sec. 2276a. Special authority for provision of commercial space
launch support services
``(a) In General.--The Secretary of a military department, pursuant
to the authority provided by this section and any other provision of
law, may support Federal and commercial space launch capacity on any
domestic real property under the control of the Secretary through the
provision of space launch support services.
``(b) Provision of Launch Equipment and Services to Commercial
Entities.--
``(1) Agreement authority.--
``(A) In general.--The Secretary concerned may
enter into a contract, or conduct any other
transaction, with a commercial entity that intends to
conduct space launch activities on a military
installation under the jurisdiction of the Secretary,
including a contract or other transaction for the
provision of supplies, services, equipment, and
construction needed for commercial space launch.
``(B) Nondelegation.--The Secretary may not
delegate the authority provided in subparagraph (A).
``(2) Agreement costs.--
``(A) Direct costs.--A contract entered into, or a
transaction conducted, under paragraph (1) shall
include a provision that requires the commercial entity
entering into the contract or conducting the
transaction to reimburse the Department of Defense for
all direct costs to the United States that are
associated with the goods, services, and equipment
provided to the commercial entity under the contract or
transaction.
``(B) Indirect costs.--A contract entered into, or
a transaction conducted, under paragraph (1) may--
``(i) include a provision that requires the
commercial entity to reimburse the Department
of Defense for such indirect costs as the
Secretary concerned considers to be fair and
reasonable; and
``(ii) provide for the recovery of indirect
costs through establishment of a rate, fixed
price, or similar mechanism the Secretary
concerned considers to be fair and reasonable.
``(3) Retention of funds collected from commercial users.--
Amounts collected from a commercial entity under paragraph (2)
shall be credited to the appropriation accounts under which the
costs associated with the contract (direct and indirect) were
incurred.
``(4) Regulations.--The Secretary shall promulgate
regulations to carry out this subsection.
``(c) Definitions.--In this section:
``(1) Space launch.--The term `space launch' includes all
activities, supplies, equipment, facilities, and services
supporting launch preparation, launch, reentry, recovery, and
other launch-related activities for the payload and the space
transportation vehicle.
``(2) Commercial entity; commercial.--The terms `commercial
entity' and `commercial' means a non-Federal entity organized
under the laws of the United States or of any jurisdiction
within the United States.''.
(b) Clerical Amendment.--The table of sections for chapter 135 of
title 10, United States Code, is amended by inserting after the item
relating to section 2276 the following:
``2276a. Special authority for provision of commercial space launch
support services.''.
SEC. 1607. TREATMENT OF POSITIONING, NAVIGATION, AND TIMING RESILIENCY,
MODIFICATIONS, AND IMPROVEMENTS PROGRAM AS ACQUISITION
CATEGORY 1D PROGRAM.
The Under Secretary of Defense for Acquisition and Sustainment
shall treat the Positioning, Navigation, and Timing Resiliency,
Modifications, and Improvements program of the Air Force (Program
Element 0604201F) as an acquisition category 1D program, and the
authority to manage such program may not be delegated.
SEC. 1608. BRIEFING ON CLASSIFICATION PRACTICES AND FOREIGN DISCLOSURE
POLICIES REQUIRED FOR COMBINED SPACE OPERATIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Director of
National Intelligence shall provide a briefing to the appropriate
committees of Congress on the classification practices and foreign
disclosure policies required to enable the development and conduct of
combined space operations among the following countries:
(1) Australia.
(2) Canada.
(3) France.
(4) Germany.
(5) New Zealand.
(6) The United Kingdom.
(7) The United States.
(8) Any other ally or partner country, as determined by the
Secretary of Defense or the Director of National Intelligence.
(b) Elements.--The briefing required by subsection (a) shall
include the following:
(1) The military and national intelligence information
required to be shared with the countries described in
subsection (a) so as to enable the development and conduct
combined space operations.
(2) The policy, organizational, or other barriers that
currently prevent such information sharing for combined space
operations.
(3) The actions being taken by the Department of Defense
and the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) to remove the
barriers to such information sharing, and the timeline for
implementation of such actions.
(4) Any statutory changes required to remove such barriers.
(5) Any other matter, as determined by the Secretary of
Defense or the Director of National Intelligence.
(c) Implementation Update.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense and the Director
of National Intelligence shall provide a briefing to the appropriate
committees of Congress on the implementation of the actions described
in subsection (b)(3).
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the congressional defense committees; and
(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
SEC. 1609. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS RELATING TO
SELECTION OF PERMANENT LOCATION FOR HEADQUARTERS OF
UNITED STATES SPACE COMMAND.
(a) Limitation on Availability of Funds for Military Construction
Projects.--None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2024 for the Air Force may
be obligated or expended for a military construction project (as
described in section 2801(b) of title 10, United States Code) for the
construction or modification of facilities for temporary or permanent
use by the United States Space Command for headquarters operations
until the report required under subsection (c) is submitted.
(b) Limitation on Availability of Funds for Travel Expenditures.--
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 to the Office of the Secretary of
the Air Force for travel expenditures, not more than 50 percent may be
obligated or expended until the report required under subsection (c) is
submitted.
(c) Report.--The Secretary of the Air Force shall submit to the
congressional defense committees a report on the justification for the
selection of a permanent location for headquarters of the United States
Space Command.
Subtitle B--Nuclear Forces
SEC. 1611. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act for fiscal year 2024
for the Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any action to do
the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance, sustainment, or replacement of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1612. SENTINEL INTERCONTINENTAL BALLISTIC MISSILE PROGRAM SILO
ACTIVITY.
The LGM-35A Sentinel intercontinental ballistic missile program
shall refurbish and make operable not fewer than 150 silos for
intercontinental ballistic missiles at each of the following locations:
(1) Francis E. Warren Air Force Base, Laramie County,
Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
SEC. 1613. MATTERS RELATING TO THE ACQUISITION AND DEPLOYMENT OF THE
SENTINEL INTERCONTINENTAL BALLISTIC MISSILE WEAPON
SYSTEM.
(a) Authority for Multi-year Procurement.--Subject to section 3501
of title 10, United States Code, the Secretary of the Air Force may
enter into one or more multi-year contracts for the procurement of up
to 659 Sentinel intercontinental ballistic missiles and for subsystems
associated with such missiles.
(b) Authority for Advance Procurement.--The Secretary of the Air
Force may enter into one or more contracts, beginning in fiscal year
2024, for advance procurement associated with the Sentinel
intercontinental ballistic missiles for which authorization to enter
into a multi-year procurement contract is provided under subsection
(a), and for subsystems associated with such missiles in economic order
quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2024 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Mandatory Inclusion of Pre-priced Option in Certain
Circumstances.--
(1) In general.--If the total base quantity of Sentinel
intercontinental ballistic missiles to be procured through all
contracts entered into under subsection (a) is less than 659,
the Secretary of the Air Force shall ensure that one or more of
the contracts includes a pre-priced option for the procurement
of additional Sentinel intercontinental ballistic missiles such
that the sum of such base quantity and the number of such
missiles that may be procured through the exercise of such
options is equal to 659 missiles.
(2) Definitions.--In this subsection:
(A) Base quantity.--The term ``base quantity''
means the quantity of Sentinel intercontinental
ballistic missiles to be procured under a contract
entered into under subsection (a), excluding any
quantity of such missiles that may be procured through
the exercise of an option that may be part of such
contract.
(B) Pre-priced option.--The term ``pre-priced
option'' means a contract option for a contract entered
into under subsection (a) that, if exercised, would
allow the Secretary of the Air Force to procure a
quantity of intercontinental ballistic missiles at a
predetermined price specified in such contract.
(e) Limitation.--The Secretary of the Air Force may not modify a
contract entered into under subsection (a) if the modification would
increase the per unit price of the Sentinel intercontinental ballistic
missiles by more than 10 percent above the target per unit price
specified in the original contract for such missiles under subsection
(a).
(f) Modifications to the Intercontinental Ballistic Missile Site
Activation Task Force.--Section 1638 of the National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is
amended--
(1) in subsection (b)(1), by inserting ``, who shall report
directly to the Commander of Air Force Global Strike Command''
after ``Modernization''; and
(2) by striking subsection (d)(1) and inserting the
following:
``(1) Weapon system.--For purposes of nomenclature and
acquisition life cycle activities ranging from development
through sustainment and demilitarization, each wing level
configuration of the LGM-35A Sentinel intercontinental
ballistic missile shall be a weapon system.''.
SEC. 1614. PLAN FOR DECREASING THE TIME TO UPLOAD ADDITIONAL WARHEADS
TO THE INTERCONTINENTAL BALLISTIC MISSILE FLEET.
(a) In General.--The Secretary of the Air Force, in coordination
with the Commander of the United States Strategic Command, shall
develop a plan to decrease the amount of time required to upload
additional warheads to the intercontinental ballistic missile force.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An assessment of the storage capacity of weapons
storage areas and any weapons generation facilities at covered
bases, including the capacity of each covered base to store
additional warheads.
(2) An assessment of the current nuclear warhead
transportation capacity of the National Nuclear Security
Administration and associated timelines for transporting
additional nuclear warheads to covered bases.
(3) An evaluation of the capacity of the maintenance
squadrons and security forces at covered bases and the
associated timelines for adding warheads to the
intercontinental ballistic missile force.
(4) An identification of actions that would address any
identified limitations and increase the readiness of the
intercontinental ballistic missile force to upload additional
warheads.
(5) An evaluation of courses of actions to upload
additional warheads to a portion of the intercontinental
ballistic missile force.
(6) An assessment of the feasibility and advisability of
initiating immediate deployment of W78 warheads to a single
wing of the intercontinental ballistic missile force as a hedge
against delay of the LGM-35A Sentinel intercontinental
ballistic missile.
(7) A funding plan for carrying out actions identified in
paragraphs (4) and (5).
(c) Submission to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force and the
Commander of the United States Strategic Command shall submit to the
congressional defense committees the plan required by subsection (a).
(d) Form.--The plan required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Briefing.--Not later than 30 days after the submission of the
plan required by subsection (a), the Secretary of the Air Force and the
Commander of the United States Strategic Command shall brief the
congressional defense committees on the actions being pursued to
implement the plan.
(f) Covered Base Defined.--The term ``covered base'' means the
following:
(1) Francis E. Warren Air Force Base, Laramie County,
Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
SEC. 1615. TASKING AND OVERSIGHT AUTHORITY WITH RESPECT TO
INTERCONTINENTAL BALLISTIC MISSILE SITE ACTIVATION TASK
FORCE FOR SENTINEL PROGRAM.
Section 1638 of the National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d), the following new
subsection (e):
``(e) Delegation of Authority.--The Secretary of Defense shall--
``(1) not later than 120 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2024, delegate to the Commander of the Air Force Global
Strike Command such tasking and oversight authorities, as the
Secretary considers necessary, with respect to other components
of the Department of Defense participating in the Task Force;
and
``(2) not later than 30 days after the date of such
delegation of authority, notify the congressional defense
committees of the delegation.''.
SEC. 1616. LONG-TERM SUSTAINMENT OF SENTINEL ICBM GUIDANCE SYSTEM.
(a) In General.--Prior to issuing a Milestone C decision for the
program to develop the LGM-35A Sentinel intercontinental ballistic
missile system (referred to in this section as the ``Sentinel''), the
Under Secretary of Defense for Acquisition and Sustainment shall
certify to the congressional defense committees that there is a long-
term capability in place to maintain and modernize the guidance system
of the Sentinel over the full life cycle of the Sentinel.
(b) Certification Elements.--The certification described in
subsection (a) shall include a list of capabilities to maintain and
advance--
(1) accelerometers;
(2) gyroscopes;
(3) guidance computers;
(4) specialized mechanical and retaining assemblies;
(5) test equipment; and
(6) such other components to ensure the guidance system
will be maintained and modernized over the life of the
Sentinel.
SEC. 1617. SENSE OF SENATE ON POLARIS SALES AGREEMENT.
(a) Findings.--The Senate finds the following:
(1) On December 21, 1962, President John F. Kennedy and
Prime Minister of the United Kingdom Harold Macmillan met in
Nassau, Bahamas, and issued a joint statement (commonly
referred to as the ``Statement on Nuclear Defense Systems''),
agreeing that the United States would make Polaris missiles
available on a continuing basis to the United Kingdom for use
in submarines.
(2) On April 6, 1963, Secretary of State Dean Rusk and Her
Majesty's Ambassador to the United States David Ormsby-Gore
signed the Polaris Sales Agreement, reaffirming the Statement
on Nuclear Defense Systems and agreeing that the United States
Government shall provide and the Government of the United
Kingdom shall purchase from the United States Government
Polaris missiles, equipment, and supporting services.
(3) The HMS Resolution launched the first Polaris missile
of the United Kingdom on February 15, 1968, and, in 1969,
commenced the first strategic deterrent patrol for the United
Kingdom, initiating a continuous at-sea deterrent posture for
the United Kingdom that remains in effect.
(4) The Polaris Sales Agreement was amended to include the
Trident II (D5) strategic weapon system on October 19, 1982, in
Washington, D.C., through an exchange of notes between
Secretary of State Jonathan Howe and Her Majesty's Ambassador
to the United States Oliver Wright.
(5) Through an exchange of letters in 2008 between the
Secretary of Defense the Honorable Robert Gates and the
Secretary of State for Defence of the United Kingdom the Right
Honorable Desmond Browne and under the auspices of the Polaris
Sales Agreement, the United States Government and the
Government of the United Kingdom agreed to continue cooperation
to design a common missile compartment for the follow-on
ballistic missile submarines of each nation.
(b) Sense of the Senate.--It is the sense of the Senate that the
Senate--
(1) recognizes the 60th anniversary of the Polaris Sales
Agreement between the United States and the United Kingdom of
Great Britain and Northern Ireland;
(2) congratulates the Royal Navy for steadfastly
maintaining the Continuous At-Sea Deterrent;
(3) Recognizes the important contribution of the Continuous
At-Sea Deterrent to the North Atlantic Treaty Organization;
(4) reaffirms that the United Kingdom is a valued and
special ally of the United States; and
(5) looks forward to continuing and strengthening the
shared commitment of the United States and the United Kingdom
to sustain submarine-based strategic deterrents well into the
future.
SEC. 1618. MATTERS RELATING TO THE NUCLEAR-ARMED SEA-LAUNCHED CRUISE
MISSILE.
(a) Program Treatment.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall--
(1) establish a program for the development of a nuclear-
armed, sea-launched cruise missile capability;
(2) designate such program as an acquisition category 1D
program, to be managed consistent with the provisions of
Department of Defense Instruction 5000.85 (relating to major
capability acquisition);
(3) initiate a nuclear weapon project for the W80-4 ALT
warhead, at phase 6.2 of the phase 6.X process (relating to
feasibility study and down select), to align with the program
described in paragraph (1);
(4) submit to the National Nuclear Security Administration
a formal request, through the Nuclear Weapons Council, for
participation in and support for the W80-4 ALT warhead project;
and
(5) designate the Department of the Navy as the military
department to lead the W80-4 ALT nuclear weapon program for the
Department of Defense.
(b) Initial Operational Capability.--The Secretary of Defense and
the Administrator for Nuclear Security shall take such actions as
necessary to ensure the program described in subsection (a) achieves
initial operational capability, as defined jointly by the Secretary of
the Navy and the Commander of United States Strategic Command, by not
later than fiscal year 2035.
(c) Limitation.--The Under Secretary of Defense for Acquisition and
Sustainment may not approve a Full Rate Production Decision or
authorize Full Scale Production (as those terms are defined in the
memorandum of the Nuclear Weapons Council entitled ``Procedural
Guidelines for the Phase 6.X Process'' and dated April 19, 2000), for
the W80-4 ALT program.
(d) Briefing.--
(1) In general.--Beginning not later than November 1, 2023,
and on March 1 and September 1 of each year thereafter, the
Under Secretary of Defense for Acquisition and Sustainment, in
coordination with the Secretary of the Navy, the Administrator
for Nuclear Security, and the Commander of the United States
Strategic Command, shall jointly brief the congressional
defense committees on the progress of the program described in
subsection (a).
(2) Contents.--Each briefing required under paragraph (1)
shall include--
(A) a description of significant achievements of
the program described in subsection (a) completed
during the period specified in paragraph (3) and any
planned objectives that were not achieved during such
period;
(B) for the 180-day period following the briefing--
(i) planned objectives for the programs;
and
(ii) anticipated spending plans for the
programs;
(C) a description of any notable technical hurdles
that could impede timely completion of the programs;
and
(D) any other information the Under Secretary of
Defense for Acquisition and Sustainment considers
appropriate.
(3) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first briefing required by
paragraph (1), the 180-day period preceding the
briefing; and
(B) in the case of any subsequent such briefing,
the period since the previous such briefing.
(4) Termination.--The requirement to provide briefings
under paragraph (1) shall terminate on the date that the
program described in subsection (a) achieve initial operational
capability, as defined jointly by the Secretary of the Navy and
the Commander of United States Strategic Command.
(e) Phase 6.X Process Defined.--In this section, the term ``phase
6.X process'' means the phase 6.X process for major stockpile
sustainment activities set forth in the memorandum of the Nuclear
Weapons Council entitled ``Procedural Guidelines for the Phase 6.X
Process'' and dated April 19, 2000.
SEC. 1619. OPERATIONAL TIMELINE FOR STRATEGIC AUTOMATED COMMAND AND
CONTROL SYSTEM.
(a) In General.--The Secretary of the Air Force shall develop a
replacement of the Strategic Automated Command and Control System
(SACCS) by not later than the date that the LGM-35A Sentinel
intercontinental ballistic missile program reaches initial operational
capability.
(b) Replacement Capabilities.--The replacement required by
subsection (a) shall--
(1) replace the SACCS base processors;
(2) replace the SACCS processors at launch control centers;
(3) provide internet protocol connectivity for wing-wide
command centers of the LGM-35A Sentinel intercontinental
ballistic missile program;
(4) include such other capabilities necessary to address
the evolving requirements of the LGM-35A Sentinel
intercontinental ballistic missile program as the Secretary
considers appropriate.
SEC. 1620. AMENDMENT TO ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR
WEAPONS DELIVERY SYSTEMS, AND NUCLEAR WEAPONS COMMAND AND
CONTROL SYSTEMS.
Section 492a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Independent Assessment by United States Strategic Command.--
``(1) In general.--Not later than 150 days after the
submission to Congress of the budget of the President under
section 1105(a) of title 31, United States Code, the Commander
of United States Strategic Command shall complete an
independent assessment of the sufficiency of the execution of
acquisition, construction, and recapitalization programs of the
Department of Defense and the National Nuclear Security
Administration to modernize the nuclear forces of the United
States and meet current and future deterrence requirements.
``(2) Contents.--The assessment required under paragraph
(1) shall evaluate the ongoing execution of modernization
programs associated with--
``(A) the nuclear weapons design, production, and
sustainment infrastructure;
``(B) the nuclear weapons stockpile;
``(C) the delivery systems for nuclear weapons; and
``(D) the nuclear command, control, and
communications system.
``(3) Routing and submission.--
``(A) Submission to nuclear weapons council.--Not
later than 15 days after completion of the assessment
required by paragraph (1), the Commander of United
States Strategic Command shall--
``(i) submit the assessment to the Chairman
of the Nuclear Weapons Council; and
``(ii) notify the congressional defense
committees that the assessment has been
submitted to the Chairman of the Nuclear
Weapons Council.
``(B) Submission to congress.--Not later than 15
days after the Chairman of the Nuclear Weapons Council
receives the assessment required by paragraph (1), the
Chairman shall transmit the assessment, without change,
to the congressional defense committees.''.
SEC. 1621. TECHNICAL AMENDMENT TO ADDITIONAL REPORT MATTERS ON
STRATEGIC DELIVERY SYSTEMS.
Section 495(b) of title 10, United States Code, is amended in the
matter preceding paragraph (1)--
(1) by striking ``before fiscal year 2020'' and inserting
``prior to the expiration of the Treaty between the United
States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010, and entered into force on
February 5, 2011 (commonly referred to as the `New START
Treaty')''; and
(2) by striking ``1043 of the National Defense
Authorization Act for Fiscal Year 2012'' and inserting ``492(a)
of title 10, United States Code,''.
SEC. 1622. AMENDMENT TO STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED
FORCES TO ADDRESS HARD AND DEEPLY BURIED TARGETS.
Section 1674 of the National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) is amended--
(1) in subsection (e)--
(A) in the heading, by striking ``on Use of
Funds''; and
(B) by striking ``none of the funds authorized to
be appropriated by this Act or otherwise made available
for fiscal year 2023 for the Department of Defense or
the Department of Energy for the deactivation,
dismantlement, or retirement of the B83-1 nuclear
gravity bomb may be obligated or expended'' and
inserting ``neither the Secretary of Defense nor the
Secretary of Energy may take any action''; and
(2) in subsection (f), by striking ``on the use of funds
under'' and inserting ``in''.
SEC. 1623. LIMITATION ON USE OF FUNDS UNTIL PROVISION OF DEPARTMENT OF
DEFENSE INFORMATION TO GOVERNMENT ACCOUNTABILITY OFFICE.
Of the funds authorized to be appropriated by this Act for fiscal
year 2024 for Operation and Maintenance, Defense-wide, and available
for the Office of the Under Secretary of Defense for Policy, not more
than 50 percent may be obligated or expended until the date on which
the Comptroller General of the United States notifies the congressional
defense committees that the Secretary of Defense has fully complied
with information requests by the Government Accountability Office with
respect to the conduct of the study required by section 1652 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 2100).
SEC. 1624. MONITORING IRANIAN ENRICHMENT.
(a) Significant Enrichment Activity Defined.--In this section, the
term ``significant enrichment activity'' means--
(1) any enrichment of any amount of uranium-235 to a purity
percentage that is 5 percent higher than the purity percentage
indicated in the prior submission to Congress under subsection
(b)(1); or
(2) any enrichment of uranium-235 in a quantity exceeding
10 kilograms.
(b) Submission to Congress.--
(1) In general.--Not later than 48 hours after the Director
of National Intelligence assesses that the Islamic Republic of
Iran has produced or possesses any amount of uranium-235
enriched to greater than 60 percent purity or has engaged in
significant enrichment activity, the Director of National
Intelligence shall submit to Congress such assessment,
consistent with the protection of intelligence sources and
methods.
(2) Duplication.--For any submission required by this
subsection, the Director of National Intelligence may rely upon
existing products that reflect the current analytic judgment of
the intelligence community, including reports or products
produced in response to congressional mandate or requests from
executive branch officials.
Subtitle C--Missile Defense
SEC. 1631. DESIGNATION OF OFFICIAL RESPONSIBLE FOR MISSILE DEFENSE OF
GUAM.
Paragraph (1) of section 1660(b) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) is
amended to read as follows:
``(1) Designation.--The Secretary of Defense shall
designate the Under Secretary of Defense for Acquisition and
Sustainment as the senior official of the Department of Defense
who shall be responsible for the missile defense of Guam during
the period preceding the date specified in paragraph (5).''.
SEC. 1632. SELECTION OF A DIRECTOR OF THE MISSILE DEFENSE AGENCY.
Subsection (a) of section 205 of title 10, United States Code, is
amended to read as follows:
``(a) Director of the Missile Defense Agency.--There is a Director
of the Missile Defense Agency who shall be appointed for a period of
six years by the President from among the general officers on active
duty in the Army, Air Force, Marine Corps, or Space Force or from among
the flag officers on active duty in the Navy.''.
SEC. 1633. MODIFICATION OF REQUIREMENT FOR COMPTROLLER GENERAL OF THE
UNITED STATES REVIEW AND ASSESSMENT OF MISSILE DEFENSE
ACQUISITION PROGRAMS.
Section 232(a) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1339), as amended by section
1688 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1144) and section 1644 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4062), is further amended--
(1) in paragraph (1), by striking ``through 2025'' and
inserting ``through 2030'';
(2) in paragraph (2), by striking ``through 2026'' and
inserting ``through 2031''; and
(3) in paragraph (3)--
(A) in the paragraph heading, by striking
``emerging'' and inserting ``other department of
defense missile defense acquisition efforts and
related'';
(B) by striking ``emerging issues and'' and
inserting ``emerging issues, any Department of Defense
missile defense acquisition efforts, and any other
related issue and''; and
(C) by inserting ``on a mutually agreed upon date''
before the period at the end.
SEC. 1634. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND
CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2024 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $80,000,000 may be provided to the Government of
Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such components
in the United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1)
for the Iron Dome short-range rocket defense program
shall be available subject to the terms and conditions
in the Agreement Between the Department of Defense of
the United States of America and the Ministry of
Defense of the State of Israel Concerning Iron Dome
Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir
interceptors.
(B) Certification.--Not later than 30 days prior to
the initial obligation of funds described in paragraph
(1), the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the appropriate
congressional committees--
(i) a certification that the amended
bilateral international agreement specified in
subparagraph (A) is being implemented as
provided in such agreement;
(ii) an assessment detailing any risks
relating to the implementation of such
agreement; and
(iii) for system improvements resulting in
modified Iron Dome components and Tamir
interceptor sub-components, a certification
that the Government of Israel has demonstrated
successful completion of Production Readiness
Reviews, including the validation of production
lines, the verification of component
conformance, and the verification of
performance to specification as defined in the
Iron Dome Defense System Procurement Agreement,
as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2024 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $40,000,000 may be provided to the
Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components in
the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or
in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David's Sling Weapon System is
not less than 50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel
has demonstrated the successful completion of the
knowledge points, technical milestones, and Production
Readiness Reviews required by the research,
development, and technology agreement and the bilateral
co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to
the implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2024 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $80,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components in
the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points,
technical milestones, and Production Readiness Reviews
required by the research, development, and technology
agreement for the Arrow 3 Upper Tier Interceptor
Program;
(B) funds specified in paragraph (1) will be
provided on the basis of a one-for-one cash match made
by Israel or in another matching amount that otherwise
meets best efforts (as mutually agreed to by the United
States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes,
with respect to the use of such funds--
(i) in accordance with subparagraph (D),
the terms of co-production of parts and
components on the basis of the greatest
practicable co-production of parts, components,
and all-up rounds (if appropriate) by United
States industry and minimizes nonrecurring
engineering and facilitization expenses to the
costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition strategy, and
funding profiles of Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working group to
consider cost reduction initiatives; and
(v) joint approval processes for third-
party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the
(3) Committee on Foreign Affairs of the House of
Representatives.
SEC. 1635. MODIFICATION OF SCOPE OF PROGRAM ACCOUNTABILITY MATRICES
REQUIREMENTS FOR NEXT GENERATION INTERCEPTORS FOR MISSILE
DEFENSE OF THE UNITED STATES HOMELAND.
Section 1668(f) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended--
(1) by inserting ``and the product development phase''
after ``technology development phase'' each place is appears;
and
(2) in paragraph (7), by striking ``enter the product
development phase'' and inserting ``enter the production
phase''.
SEC. 1636. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF COST
ASSESSMENT AND PROGRAM EVALUATION UNTIL SUBMISSION OF
MISSILE DEFENSE ROLES AND RESPONSIBILITIES REPORT.
Of the funds authorized to be appropriated for fiscal year 2024 by
section 301 for operation and maintenance, Defense-wide, and available
for the Office of Cost Assessment and Program Evaluation, not more than
50 percent may be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense committees
the report required by section 1675(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
SEC. 1637. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE FOR THE
INDO-PACIFIC REGION.
(a) Strategy Required.--The Commander of United States Indo-Pacific
Command shall, in coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Commander of United States Northern
Command, the Director of the Missile Defense Agency, and the Director
of the Joint Integrated Air and Missile Defense Organization, develop a
comprehensive strategy for developing, acquiring, and operationally
establishing an integrated air and missile defense architecture for the
United States Indo-Pacific Command area of responsibility.
(b) Strategy Components.--At a minimum, the strategy required by
subsection (a) shall address the following:
(1) The sensing, tracking, and intercepting capabilities
required to address the full range of credible missile threats
to--
(A) the Hawaiian Islands;
(B) the island of Guam and other islands in the
greater Marianas region, as determined necessary by the
Commander of United States Indo-Pacific Command;
(C) other United States territories within the area
of responsibility of United States Indo-Pacific
Command; and
(D) United States forces deployed within the
territories of other nations within such area of
responsibility.
(2) The appropriate balance of missile detection, tracking,
defense, and defeat capabilities within such area of
responsibility.
(3) A command and control network for integrating missile
detection, tracking, defense, and defeat capabilities across
such area of responsibility.
(4) A time-phased scheduling construct for fielding the
constituent systems that will comprise the integrated air and
missile defense architecture for such area of responsibility.
(c) Annual Report.--
(1) In general.--Not later than March 15, 2024, and not
less frequently than once each year thereafter, the Commander
of United States Indo-Pacific Command shall, in coordination
with the Under Secretary of Defense for Acquisition and
Sustainment, the Commander of United States Northern Command,
the Director of the Missile Defense Agency, and the Director of
the Joint Integrated Air and Missile Defense Organization,
submit to the congressional defense committees an annual report
outlining the following with regard to the strategy developed
pursuant to subsection (a):
(A) The activities conducted and progress made in
developing and implementing the strategy over the
previous calendar year.
(B) The planned activities for developing and
implementing the strategy in the upcoming year.
(C) A description of likely risks and impediments
to the successful implementation of the strategy.
(2) Termination.--The requirements of paragraph (1) shall
terminate on the earlier of the following:
(A) March 15, 2029.
(B) The date on which a comprehensive integrated
air and missile defense architecture for the area of
responsibility of United States Indo-Pacific Command
has achieved initial operational capability, as
determined jointly by the Commander of United States
Indo-Pacific Command and the Director of the Missile
Defense Agency.
(d) Limitations.--Of the equipment and components previously
procured by the Department of Defense for the purposes of constructing
the Homeland Defense Radar-Hawaii, none of such assets may be
repurposed for other uses until the first annual report required by
subsection (c)(1) is submitted to the congressional defense committees
pursuant to such subsection.
SEC. 1638. MODIFICATION OF NATIONAL MISSILE DEFENSE POLICY.
Section 1681(a) of the of the National Defense Authorization Act
for fiscal year 2017 (Public Law 114-328; 10 U.S.C. 4205 note) is
amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to the
annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense--
``(A) an effective, layered missile defense system
capable of defending the territory of the United States
against the developing and increasingly complex missile
threat; and
``(B) an effective regional missile defense system
capable of defending the allies, partners, and deployed
forces of the United States against increasingly
complex missile threats; and
``(2) rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer intercontinental
missile threats to the homeland of the United States.''.
Subtitle D--Other Matters
SEC. 1641. ELECTRONIC WARFARE.
(a) In General.--Part I of subtitle A of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 25--ELECTRONIC WARFARE
``Sec.
``500. Electronic Warfare Executive Committee.
``500a. Guidance on the electronic warfare mission area and joint
electromagnetic spectrum operations.
``500b. Annual report on electronic warfare strategy of the Department
of Defense.
``500c. Annual assessment of budget with respect to electronic warfare
capabilities.
``500d. Electromagnetic spectrum superiority implementation plan.
``500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint
Electromagnetic Spectrum Operations.
``500f. Evaluations of abilities of armed forces and combatant commands
to perform electromagnetic spectrum
operations missions.
``Sec. 500. Electronic Warfare Executive Committee
``(a) In General.--There is within the Department of Defense an
Electronic Warfare Executive Committee (in this section referred to as
the `Executive Committee').
``(b) Purposes.--The Executive Committee shall--
``(1) serve as the principal forum within the Department of
Defense to inform, coordinate, and evaluate matters relating to
electronic warfare;
``(2) provide senior oversight, coordination, and budget
and capability harmonization with respect to such matters; and
``(3) act as an advisory body to the Secretary of Defense,
the Deputy Secretary of Defense, and the Management Action
Group of the Deputy Secretary with respect to such matters.
``(c) Responsibilities.--The Executive Committee shall--
``(1) advise key senior level decision-making bodies of the
Department of Defense with respect to the development and
implementation of acquisition investments relating to
electronic warfare and electromagnetic spectrum operations of
the Department, including relevant acquisition policies,
projects, programs, modeling, and test and evaluation
infrastructure;
``(2) provide a forum to enable synchronization and
integration support with respect to the development and
acquisition of electronic warfare capabilities--
``(A) by aligning the processes of the Department
for requirements, research, development, acquisition,
testing, and sustainment; and
``(B) carrying out other related duties; and
``(3) act as the senior level review forum for the
portfolio of capability investments of the Department relating
to electronic warfare and electromagnetic spectrum operations
and other related matters.
``(d) Coordination With Intelligence Community.--The Executive
Committee, acting through the Under Secretary of Defense for
Intelligence and Security, shall coordinate with the intelligence
community (as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)) to generate requirements, facilitate collaboration,
establish interfaces, and align efforts of the Department of Defense
with respect to electronic warfare capability and acquisition with
efforts of the intelligence community relating to electronic warfare
capability and acquisition in areas of dependency or mutual interest
between the Department and the intelligence community.
``(e) Meetings.--
``(1) Frequency.--The Executive Committee shall hold
meetings not less frequently than quarterly and as necessary to
address particular issues.
``(2) Form.--The Executive Committee may hold meetings by
videoconference.
``(f) Membership.--
``(1) In general.--The Executive Committee shall be
composed of the following principal members:
``(A) The Under Secretary of Defense for
Acquisition and Sustainment.
``(B) The Vice Chairman of the Joint Chiefs of
Staff.
``(C) The Under Secretary of Defense for
Intelligence and Security.
``(D) The Under Secretary of Defense for Policy.
``(E) The Commander of the United States Strategic
Command.
``(F) The Chief Information Officer of the
Department of Defense.
``(G) Such other Federal officers or employees as
the Secretary of Defense considers appropriate,
consistent with other authorities of the Department of
Defense and publications of the Joint Staff, including
the Charter for the Electronic Warfare Executive
Committee, dated March 17, 2015.
``(g) Co-chairs of Executive Committee.--
``(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment and the Vice Chairman of the Joint
Chiefs of Staff, or their designees, shall serve as co-chairs
of the Executive Committee.
``(2) Responsibilities of co-chairs.--The co-chairs of the
Executive Committee shall--
``(A) preside at all Executive Committee meetings
or have their designees preside at such meetings;
``(B) provide administrative control of the
Executive Committee;
``(C) jointly guide the activities and actions of
the Executive Committee;
``(D) approve all agendas for and summaries of
meetings of the Executive Committee;
``(E) charter tailored working groups to conduct
mission area analysis, as required, under subsection
(i); and
``(F) perform such other duties as may be necessary
to ensure the good order and functioning of the
Executive Committee.
``(h) Electronic Warfare Capability Team.--
``(1) In general.--There is within the Executive Committee
an electronic warfare capability team, which shall--
``(A) serve as a flag officer level focus group and
executive secretariat subordinate to the Executive
Committee; and
``(B) in that capacity--
``(i) provide initial senior level
coordination on key electronic warfare issues;
``(ii) prepare recommended courses of
action to present to the Executive Committee;
and
``(iii) perform other related duties.
``(2) Co-chairs.--The electronic warfare capability team
shall be co-chaired by one representative from the Office of
the Under Secretary of Defense for Acquisition and Sustainment
and one representative from the Force Structure, Resources, and
Assessment Directorate of the Joint Staff (J-8).
``(3) Staff.--The principal members of the Executive
Committee shall designate representatives from their respective
staffs to the electronic warfare capability team.
``(i) Mission Area Working Groups.--
``(1) In general.--The Executive Committee shall establish
mission area working groups on a temporary basis--
``(A) to address specific issues and mission areas
relating to electronic warfare and electromagnetic
spectrum operations;
``(B) to involve subject matter experts and
components of the Department of Defense with expertise
in electronic warfare and electromagnetic spectrum
operations; and
``(C) to perform other related duties.
``(2) Dissolution.--The Executive Committee shall dissolve
a mission area working group established under paragraph (1)
once the issue the working group was established to address is
satisfactorily resolved.
``(j) Administration.--The Under Secretary of Defense for
Acquisition and Sustainment shall administratively support the
Executive Committee, including by designating not fewer than two
officials of the Department of Defense to support the day-to-day
operations of the Executive Committee.
``(k) Report to Congress.--Not later than February 28, 2024, and
annually thereafter through 2030, the Executive Committee shall submit
to the congressional defense committees a summary of activities of the
Executive Committee during the preceding fiscal year.
``Sec. 500a. Guidance on the electronic warfare mission area and joint
electromagnetic spectrum operations
``The Secretary of Defense shall--
``(1) establish processes and procedures to develop,
integrate, and enhance the electronic warfare mission area and
the conduct of joint electromagnetic spectrum operations in all
domains across the Department of Defense; and
``(2) ensure that such processes and procedures provide for
integrated defense-wide strategy, planning, and budgeting with
respect to the conduct of such operations by the Department,
including activities conducted to counter and deter such
operations by malign actors.
``Sec. 500b. Annual report on electronic warfare strategy of the
Department of Defense
``(a) In General.--At the same time as the President submits to
Congress the budget of the President under section 1105(a) of title 31
for each of fiscal years 2025 through 2029, the Secretary of Defense,
in coordination with the Chairman of the Joint Chiefs of Staff and the
Secretary of each of the military departments, shall submit to the
congressional defense committees an annual report on the electronic
warfare strategy of the Department of Defense.
``(b) Contents of Report.--Each report required under subsection
(a) shall include each of the following:
``(1) A description and overview of--
``(A) the electronic warfare strategy of the
Department of Defense;
``(B) how such strategy supports the National
Defense Strategy; and
``(C) the organizational structure assigned to
oversee the development of the Department's electronic
warfare strategy, requirements, capabilities, programs,
and projects.
``(2) A list of all the electronic warfare acquisition
programs and research and development projects of the
Department of Defense and a description of how each program or
project supports the Department's electronic warfare strategy.
``(3) For each unclassified program or project on the list
required by paragraph (2)--
``(A) the senior acquisition executive and
organization responsible for oversight of the program
or project;
``(B) whether or not validated requirements exist
for the program or project and, if such requirements do
exist, the date on which the requirements were
validated and the organizational authority that
validated such requirements;
``(C) the total amount of funding appropriated,
obligated, and forecasted by fiscal year for the
program or project, including the program element or
procurement line number from which the program or
project receives funding;
``(D) the development or procurement schedule for
the program or project;
``(E) an assessment of the cost, schedule, and
performance of the program or project as it relates to
the program baseline for the program or project, as of
the date of the submission of the report, and the
original program baseline for such program or project,
if such baselines are not the same;
``(F) the technology readiness level of each
critical technology that is part of the program or
project;
``(G) whether or not the program or project is
redundant or overlaps with the efforts of another
military department; and
``(H) the capability gap that the program or
project is being developed or procured to fulfill.
``(4) A classified annex that contains the items described
in subparagraphs (A) through (H) of paragraph (3) for each
classified program or project on the list required by paragraph
(2).
``Sec. 500c. Annual assessment of budget with respect to electronic
warfare capabilities
``At the same time as the President submits to Congress the budget
of the President under section 1105(a) of title 31 for each of fiscal
years 2025 through 2029, the Secretary of Defense shall submit to the
congressional defense committees an assessment by the Director of Cost
Assessment and Program Evaluation as to whether sufficient funds are
requested in such budget for anticipated activities in such fiscal year
for each of the following:
``(1) The development of an electromagnetic battle
management capability for joint electromagnetic spectrum
operations.
``(2) The establishment and operation of associated joint
electromagnetic spectrum operations cells.
``Sec. 500d. Electromagnetic spectrum superiority implementation plan
``(a) In General.--The Chief Information Officer of the Department
of Defense shall be responsible for oversight of the electromagnetic
superiority implementation plan.
``(b) Report Required.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of title 31
for each of fiscal years 2025 through 2029, the Chief Information
Officer shall submit to the congressional defense committees a report
that includes the following with respect to the electromagnetic
superiority implementation plan:
``(1) The implementation plan in effect as of the date of
the report, noting any revisions from the preceding plan.
``(2) A statement of the elements of the implementation
plan that have been achieved.
``(3) For each element that has been achieved, an
assessment of whether the element is having its intended
effect.
``(4) For any element that has not been achieved, an
assessment of progress made in achieving the element, including
a description of any obstacles that may hinder further
progress.
``(5) For any element that has been removed from the
implementation plan, a description of the reason for the
removal of the element and an assessment of the impact of not
pursuing achievement of the element.
``(6) Such additional matters as the Chief Information
Officer considers appropriate.
``(c) Electromagnetic Superiority Implementation Plan Defined.--In
this section, the term `electromagnetic superiority implementation
plan' means the Electromagnetic Superiority Implementation Plan signed
by the Secretary of Defense on July 15, 2021, and any successor plan.
``Sec. 500e. Electromagnetic Spectrum Enterprise Operational Lead for
Joint Electromagnetic Spectrum Operations
``(a) In General.--Not later than 30 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2024, the Secretary of Defense shall establish an Electromagnetic
Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum
Operations (in this section referred to as the `operational lead') at
the United States Strategic Command, which shall report to the
Commander of the United States Strategic Command.
``(b) Function.--The operational lead shall be responsible for
synchronizing, assessing, and making recommendations to the Chairman of
the Joint Chiefs of Staff with respect to the readiness of the
combatant commands to conduct joint electromagnetic spectrum
operations.
``(c) Briefings Required.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of title 31
for each of fiscal years 2025 through 2029, the Chairman, acting
through the operational lead, shall brief to the congressional defense
committees on the following:
``(1) Progress made in achieving full operational
capability to conduct joint electromagnetic spectrum operations
and any impediments to achieving such capability.
``(2) The readiness of the combatant commands to conduct
such operations.
``(3) Recommendations for overcoming any deficiencies in
the readiness of the combatant commands to conduct such
operations and any material gaps contributing to such
deficiencies.
``(4) Such other matters as the Chairman considers
important to ensuring that the combatant commands are capable
of conducting such operations.
``Sec. 500f. Evaluations of abilities of armed forces and combatant
commands to perform electromagnetic spectrum operations
missions
``(a) Evaluations of Armed Forces.--
``(1) In general.--Not later than October 1, 2024, and
annually thereafter through 2029, the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of the
Air Force, the Commandant of the Marine Corps, and the Chief of
Space Operations shall each carry out an evaluation of the
ability of the armed force concerned to perform electromagnetic
spectrum operations missions required by each of the following:
``(A) The Electromagnetic Spectrum Superiority
Strategy.
``(B) The Joint Staff-developed concept of
operations for electromagnetic spectrum operations.
``(C) The operations and contingency plans of the
combatant commands.
``(2) Certification required.--Not later than December 31
of each year in which evaluations are required under paragraph
(1), each official specified in that paragraph shall certify to
the congressional defense committees that the evaluation
required to be carried out by that official has occurred.
``(3) Elements.--Each evaluation under paragraph (1) shall
include an assessment of the following:
``(A) Current programs of record, including--
``(i) the ability of weapon systems to
perform missions in contested electromagnetic
spectrum environments; and
``(ii) the ability of electronic warfare
capabilities to disrupt adversary operations.
``(B) Future programs of record, including--
``(i) the need for distributed or network-
centric electronic warfare and signals
intelligence capabilities; and
``(ii) the need for automated and machine
learning- or artificial intelligence-assisted
electronic warfare capabilities.
``(C) Order of battle.
``(D) Individual and unit training.
``(E) Tactics, techniques, and procedures,
including--
``(i) maneuver, distribution of assets, and
the use of decoys; and
``(ii) integration of non-kinetic and
kinetic fires.
``(F) Other matters relevant to evaluating the
ability of the armed force concerned to perform
electromagnetic spectrum operations missions described
in paragraph (1).
``(b) Evaluations of Combatant Commands.--
``(1) In general.--Not later than October 1, 2024, and
annually thereafter through 2029, the Chairman of the Joint
Chiefs of Staff, acting through the Electromagnetic Spectrum
Enterprise Operational Lead for Joint Electromagnetic Spectrum
Operations established under section 500e (in this section
referred to as the `operational lead'), shall carry out an
evaluation of the plans and posture of the combatant commands
to execute the electromagnetic spectrum operations envisioned
in each of the following:
``(A) The Electromagnetic Spectrum Superiority
Strategy.
``(B) The Joint Staff-developed concept of
operations for electromagnetic spectrum operations.
``(2) Elements.--Each evaluation under paragraph (1) shall
include an assessment, as relevant, of the following:
``(A) Operation and contingency plans.
``(B) The manning, organizational alignment, and
capability of joint electromagnetic spectrum operations
cells.
``(C) Mission rehearsal and exercises.
``(D) Force positioning, posture, and readiness.
``(3) Briefing required.--Not later than December 31 of
each year in which an evaluation is required under paragraph
(A), the Chairman of the Joint Chiefs of Staff, acting through
the operational lead, shall brief the congressional defense
committees on the results of the evaluation.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
subtitle A of title 10, United States Code, and at the beginning of
part I of such subtitle, are each amended by inserting after the item
relating to chapter 24 the following new item:
``25. Electronic Warfare.................................... 500''.
(c) Conforming Repeal.--Section 1053 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 113 note) is repealed.
SEC. 1642. STUDY ON THE FUTURE OF THE INTEGRATED TACTICAL WARNING
ATTACK ASSESSMENT SYSTEM.
(a) In General.--The Chairman of the Joint Chiefs of Staff shall
enter into an agreement with a federally funded research and
development center--
(1) to conduct a study on the future of the Integrated
Tactical Warning Attack Assessment System (ITW/AA); and
(2) to submit to the Chairman a report on the findings of
the center with respect to the study conducted under paragraph
(1).
(b) Elements.--The study conducted pursuant to an agreement under
subsection (a) shall cover the following:
(1) Future air and missile threats to the United States.
(2) The integration of multi-domain sensor data and their
ground systems with the existing architecture of the Integrated
Tactical Warning Attack Assessment System.
(3) The effect of the integration described in paragraph
(2) on the data reliability standards of the Integrated
Tactical Warning Attack Assessment System.
(4) Future data visualization, conferencing, and
decisionmaking capabilities of such system.
(5) Such other matters as the Chairman considers relevant
to the study.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Chairman shall submit to the congressional
defense committees--
(1) the report submitted to the Chairman under subsection
(a)(2); and
(2) the assessment of the Chairman with respect to the
findings in such report and the recommendations of the Chairman
with respect to modernizing the Integrated Tactical Warning
Attack Assessment System.
SEC. 1643. COMPREHENSIVE REVIEW OF ELECTRONIC WARFARE TEST RANGES AND
FUTURE CAPABILITIES.
(a) In General.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Chairman of the Joint Chiefs of
Staff, shall conduct a comprehensive review of any deficiencies in the
capacity of the electronic warfare test ranges and future electronic
warfare capabilities of the Department of Defense relating to current
and future global threats, research and development efforts, modeling,
and electromagnetic and physical encroachment of the test ranges.
(b) Elements.--The review required by subsection (a) shall consider
the following:
(1) Each electronic warfare test range, its size, any
distinguishing features, and its electronic warfare
capabilities.
(2) The electronic warfare capabilities that are best
practiced at which range and any encroachment issues between
ranges.
(3) Future electronic warfare capabilities and planned
acquisitions.
(4) Any modeling the Test Resource Management Center has
done on incorporating future or planned electronic warfare
capabilities into the current test ranges.
(5) Any other matter the Under Secretary considers
necessary.
(c) Briefing Required.--Not later than March 31, 2024, the Under
Secretary shall provide the congressional defense committees with a
briefing on the findings of the review required by subsection (a) that
includes--
(1) an assessment of any deficiency in the electronic
warfare test ranges and future electronic warfare capabilities
of the Department of Defense identified in the review; and
(2) a plan to address any such deficiency in a timely
manner.
SEC. 1644. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
Section 130i(i) of title 10, United States Code, is amended by
striking ``2023'' both places it appears and inserting ``2026''.
SEC. 1645. ADDRESSING SERIOUS DEFICIENCIES IN ELECTRONIC PROTECTION OF
SYSTEMS THAT OPERATE IN THE RADIO FREQUENCY SPECTRUM.
(a) In General.--The Secretary of Defense shall take such actions
as the Secretary considers necessary and practicable--
(1) to establish requirements for and assign sufficient
priority to ensuring electronic protection of sensor,
navigation, and communications systems and subsystems against
jamming, spoofing, and unintended interference from military
systems; and
(2) to provide management oversight and supervision of the
military departments to ensure electronic protection of
military systems that emit and receive in radio frequencies
against modern threats and interference from military systems
operating in the same or adjacent radio frequency of Federal
spectrum.
(b) Specific Required Actions.--The Secretary shall require the
military departments and combat support agencies to--
(1) develop and approve requirements, through the Joint
Requirements Oversight Council as appropriate, within 270 days
of the date of the enactment of this Act, for every radar,
signals intelligence, navigation, and communications system and
subsystem subject to the Global Force Management process to be
able to withstand threat-realistic levels of jamming, spoofing,
and unintended interference, which includes self-generated
interference;
(2) test every system and subsystem described in paragraph
(1) at a test range that permits threat-realistic electronic
warfare attacks against the system or subsystem by a red team
or opposition force at least once every 4 years, with the first
set of highest priority systems to be initially tested no later
than fiscal year 2025;
(3) retrofit every system and subsystem described in
paragraph (1) that fails to meet electronic protection
requirements during testing with electronic protection measures
that can withstand threat-realistic jamming, spoofing, and
unintended interference within 3 years from the date of the
testing, and to retest such systems and subsystems within 4
years of the initial failed test;
(4) survey, identify, and test available technology that
can be practically and affordably retro-fitted on the systems
described in paragraph (1) and which provides robust protection
against threat-realistic jamming, spoofing, and unintended
interference; and
(5) design and build electronic protection into ongoing and
future development programs to withstand expected jamming and
spoofing threats and unintended interference.
(c) Waiver.--The Secretary may establish a process for issuing
waivers on a case-by-case basis for the testing requirement established
in paragraph (2) of subsection (b) and for the retrofit requirement
established in paragraph (3) of such subsection.
(d) Annual Reports.--Each fiscal year, coinciding with the
submission of the President's budget request to Congress pursuant to
section 1105(a) of title 31, United States Code, through fiscal year
2030, the Director of Operational Test and Evaluation shall submit to
the Electronic Warfare Executive Committee, the Committee on Armed
Services of the Senate, and the Committee on Armed Services of the
House of Representatives a comprehensive annual report aggregating
reporting from the military departments and combat support agencies
that describes--
(1) the implementation of the requirements of this section;
(2) the systems subject to testing in the previous year and
the results of such tests, including a description of the
requirements for electronic protection established for the
tested systems; and
(3) each waiver issued in the previous year with respect to
such requirements, together with a detailed rationale for the
waiver and a plan for addressing the basis for the waiver
request.
SEC. 1646. FUNDING LIMITATION ON CERTAIN UNREPORTED PROGRAMS.
(a) Limitation on Availability of Funds.--None of the funds
authorized to be appropriated by this Act for fiscal year 2024 may be
obligated or expended, directly or indirectly, in part or in whole,
for, on, in relation to, or in support of activities involving
unidentified anomalous phenomena protected under any form of special
access or restricted access limitations that have not been formally,
officially, explicitly, and specifically described, explained, and
justified to the appropriate committees of Congress, congressional
leadership, and the Director, including for any activities relating to
the following:
(1) Recruiting, employing, training, equipping, and
operations of, and providing security for, Government or
contractor personnel with a primary, secondary, or contingency
mission of capturing, recovering, and securing unidentified
anomalous phenomena craft or pieces and components of such
craft.
(2) Analyzing such craft or pieces or components thereof,
including for the purpose of determining properties, material
composition, method of manufacture, origin, characteristics,
usage and application, performance, operational modalities, or
reverse engineering of such craft or component technology.
(3) Managing and providing security for protecting
activities and information relating to unidentified anomalous
phenomena from disclosure or compromise.
(4) Actions relating to reverse engineering or replicating
unidentified anomalous phenomena technology or performance
based on analysis of materials or sensor and observational
information associated with unidentified anomalous phenomena.
(5) The development of propulsion technology, or aerospace
craft that uses propulsion technology, systems, or subsystems
that is based on or derived from or inspired by inspection,
analysis, or reverse engineering of recovered unidentified
anomalous phenomena craft or materials.
(6) Any aerospace craft that uses propulsion technology
other than chemical propellants, solar power, and electric ion
thrust.
(b) Notification and Reporting.--
(1) In general.--Any person currently or formerly under
contract with the Federal Government that has in their
possession material or information provided by or derived from
the Federal Government relating to unidentified anomalous
phenomena that formerly or currently is protected by any form
of special access or restricted access shall--
(A) not later than 60 days after the date of the
enactment of this Act, notify the Director of such
possession; and
(B) not later than 180 days after the date of the
enactment of this Act, make available to the Director
for assessment, analysis, and inspection--
(i) all such material and information; and
(ii) a comprehensive list of all non-earth
origin or exotic unidentified anomalous
phenomena materiel.
(2) Protections.--The provision of notice and the making
available of material and information under paragraph (1) shall
be treated as an authorized disclosure under section 1673(b) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (50 U.S.C. 3373b).
(c) Limitation Regarding Independent Research and Development.--
Consistent with Department of Defense Instruction Number 3204.01 (dated
August 20, 2014, incorporating change 2, dated July 9, 2020; relating
to Department policy for oversight of independent research and
development), independent research and development funding relating to
material or information described in subsection (a) shall not be
allowable as indirect expenses for purposes of contracts covered by
such instruction, unless such material and information is made
available to the Director in accordance with subsection (b).
(d) Notice to Congress.--Not later than 30 days after the date on
which the Director has received a notification under subparagraph (A)
of subsection (b)(1) or information or material under paragraph (B) of
such subsection, the Director shall provide a written notification of
such receipt to the appropriate committees of Congress and
congressional leadership.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(3) The term ``Director'' means the Director of the All-
domain Anomaly Resolution Office.
(4) The term ``unidentified anomalous phenomena'' has the
meaning given such term in section 1683(n)of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(n)), as amended by section 6802(a) of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
SEC. 1647. REVISION OF SECRETARY OF DEFENSE AUTHORITY TO ENGAGE IN
COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.
(a) Extension of Authority.--Section 431(a) of title 10, United
States Code, is amended by striking ``December 31, 2023'' and inserting
``December 31, 2025''.
(b) Interagency Coordination and Support.--Paragraph (1) of section
431(b) of such title is amended to read as follows:
``(1) be pre-coordinated with the Director of the Central
Intelligence Agency using procedures mutually agreed upon by
the Secretary of Defense and the Director, and, where
appropriate, be supported by the Director; and''.
TITLE XVII--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
SEC. 1701. MEASURES TO ENHANCE THE READINESS AND EFFECTIVENESS OF THE
CYBER MISSION FORCE.
(a) Personnel Requirements and Training for Critical Work Roles.--
The Secretary of Defense shall--
(1) develop a plan to require--
(A) a term of enlistment that is--
(i) common across the military departments
for critical work roles of the Cyber Mission
Force;
(ii) appropriate given the value of the
training required for such work roles; and
(iii) sufficient and extensive enough to
meet the readiness requirements established by
the Commander of United States Cyber Command;
(B) tour lengths for personnel in the Cyber Mission
Force that are--
(i) common across the military departments;
and
(ii) sufficient and extensive enough to
meet the readiness requirements established by
the Commander of United States Cyber Command;
(C) the military departments to present Cyber
Mission Force personnel to the Commander of United
States Cyber Command who are fully trained to the
standards required by the work roles established by the
Commander, including the critical work roles of the
Cyber Mission Force, prior to their attachment or
assignment to a unit of United States Cyber Command;
(D) obligated service for members who receive the
training contemplated in paragraph (C) which is
commensurate with the significant financial and time
investments made by the military service for the
training received; and
(E) facilitation of consecutive assignments at the
same unit while not inhibiting the advancement or
promotion potential of any member of the Armed Forces.
(2) direct the Secretaries of the military departments to
implement the plan developed under paragraph (1); and
(3) establish curriculum and capacity within one or more
military departments to train sufficient numbers of personnel
from all of the military departments who can effectively
perform the critical Cyber Mission Force work roles to achieve
the readiness requirements established by the Commander of
United States Cyber Command.
(b) Pilot Program on Acquiring Contract Services for Critical Work
Roles.--
(1) Pilot program required.--Not later than 180 days after
the date of the enactment of this Act, the Commander of United
States Cyber Command shall commence a pilot program to assess
the feasibility and advisability of acquiring the services of
skilled personnel in the critical work roles of the Cyber
Mission Force by contracting with one or more persons to
enhance the readiness and effectiveness of the Cyber Mission
Force.
(2) Pilot program duration.--The Commander shall carry out
the pilot program required by subsection paragraph (1) during
the three-year period beginning on the date of the commencement
of the pilot program and may, after such period--
(A) continue carrying out such pilot program after
such period for such duration as the Commander
considers appropriate; or
(B) transition such pilot program to a permanent
program.
(c) Plan on Hiring, Training, and Retaining Civilians to Serve in
Critical Work Roles.--Not later than 120 days after the date of the
enactment of this Act, the Commander shall--
(1) develop a plan to hire, train, and retain civilians to
serve in the critical work roles of the Cyber Mission Force and
other positions of the Cyber Mission Force to enhance the
readiness and effectiveness of the Cyber Mission Force; and
(2) provide the congressional defense committees a briefing
on the plan developed under paragraph (1).
(d) Definition of Critical Work Roles of the Cyber Mission Force.--
The term ``critical work roles of the Cyber Mission Force'' means work
roles of the Cyber Mission Force relating to on-network operations,
tool development, and exploitation analysis.
SEC. 1702. CYBER INTELLIGENCE CENTER.
(a) Establishment of Capability Required.--The Secretary of Defense
shall establish a dedicated cyber intelligence capability to support
the requirements of United States Cyber Command, the other combatant
commands, the military departments, defense agencies, the Joint Staff,
and the Office of the Secretary of Defense for foundational, scientific
and technical, and all-source intelligence on cyber technology
development, capabilities, concepts of operation, operations, and plans
and intentions of cyber threat actors.
(b) Establishment of Center Authorized.--
(1) Authorization.--Subject to paragraph (2), the Secretary
may establish an all-source analysis center under the
administration of the Defense Intelligence Agency to provide
foundational intelligence for the capability established under
subsection (a).
(2) Limitation.--Information technology services for a
center established under paragraph (1) may not be provided by
the National Security Agency.
(c) Resources.--
(1) In general.--The Secretary shall direct and provide
resources to the Commander of United States Cyber Command
within the Military Intelligence Program to fund collection and
analysis by the National Security Agency to meet the specific
requirements established by the Commander for signals
intelligence support.
(2) Transfer of activities.--The Secretary may transfer the
activities required under paragraph (1) to the National
Intelligence Program if the Director of National Intelligence
concurs and the transfer is specifically authorized in an
intelligence authorization Act.
(d) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Commander shall--
(1) develop an estimate of the signals intelligence
collection and analysis required of the National Security
Agency and the cost of such collection and analysis; and
(2) provide the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a briefing on the estimate developed under
paragraph (1).
SEC. 1703. PERFORMANCE METRICS FOR PILOT PROGRAM FOR SHARING CYBER
CAPABILITIES AND RELATED INFORMATION WITH FOREIGN
OPERATIONAL PARTNERS.
(a) In General.--The section 398 of title 10, United States Code
(relating to pilot program for sharing cyber capabilities and related
information with foreign operational partners), as added by section
1551(a) of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Performance Metrics.--(1) The Secretary of Defense shall
maintain performance metrics to track the results of sharing cyber
capabilities and related information with foreign operational partners
under a pilot program authorized by subsection (a).
``(2) The performance metrics under paragraph (1) shall include the
following:
``(A) Who the cyber capability was used against.
``(B) The effect of the cyber capability, including whether
and how the transfer of the cyber capability improved the
operational cyber posture of the United States and achieved
operational objectives of the United States, or had no effect.
``(C) Such other outcome-based or appropriate performance
metrics as the Secretary considers appropriate for evaluating
the effectiveness of a pilot program carried out under
subsection (a).''.
(b) Technical Correction.--Chapter 19 of such title is amended--
(1) in the table of sections for such chapter by striking
the item relating to such section 398 and inserting the
following:
``398a. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.''; and
(2) by redesignating such section 398 as section 398a.
SEC. 1704. NEXT GENERATION CYBER RED TEAMS.
(a) Development and Submission of Plans.--Not later than 180 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Policy shall direct the appropriate Assistant Secretary of
Defense in the Office of the Under Secretary of Defense for Policy, in
consultation with the Principal Cyber Advisors of the military
departments, to oversee the development and submission of a plan
described in subsection (b) to the Director of Operational Test and
Evaluation (OT&E) and the Director of the National Security Agency
(NSA) for assessment under subsection (c).
(b) Plans Described.--The plan described in this subsection is a
plan--
(1) to modernize cyber red teams (``CRTs'') with a focus on
utilizing cyber threat intelligence and threat modeling to
ensure the ability to emulate advanced nation-state threats,
automation, artificial intelligence or machine learning
capabilities, and data collection and correlation;
(2) to establish joint service standards and metrics to
ensure cyber red teams are adequately trained, staffed, and
equipped to emulate advanced nation-state threats; and
(3) to expand partnerships between the Department of
Defense, particularly existing cyber red teams, and academia to
expand the cyber talent workforce.
(c) Assessment.--The Director of Operational Test and Evaluation
shall, in coordination with the Director of the National Security
Agency, review the plan submitted pursuant to subsection (a) and in
doing so shall conduct an assessment of the plan with consideration of
the following:
(1) Opportunities for cyber red team operations to expand
across the competition continuum, including during the
cooperation and competition phases, strongly emphasizing pre-
conflict preparation of the battlespace to better match
adversary positioning and cyber activities, including
operational security assessments to strengthen the ability of
the Department to gain and maintain a tactical advantage.
(2) The extent to which critical and emerging technologies
and concepts such as artificial intelligence and machine
learning enabled analysis and process automation can reduce the
amount of person hours operators spend on maintenance and
reporting to maximize research and training time.
(3) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or
employment that may be needed to ensure the effectiveness,
suitability, and sustainability of the next generation of cyber
red teams.
(4) The extent to which additional resources or
partnerships may be needed to remediate personnel shortfalls in
cyber red teams, including funding for internship programs,
hiring, and contracting.
(d) Implementation.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall issue such
policies and guidance and prescribe such regulations as the Secretary
determines necessary to carry out the plan required by subsection (a).
(e) Annual Reports.--Not later than January 31, 2025, and not less
frequently than annually thereafter until January 31, 2031, the
Director of Operational Test and Evaluation shall include in the annual
report required by section 139(h) of title 10, United States Code, the
following:
(1) The findings of the Director with respect to the
assessment carried out pursuant to subsection (c).
(2) The results of test and evaluation events, including
any resource and capability shortfalls limiting the ability of
cyber red teams to meet operational requirements.
(3) The extent to which operations of cyber red teams have
expanded across the competition continuum, including during
cooperation and competition phases, to match adversary
positioning and cyber activities.
(4) A summary of identified categories of common gaps and
shortfalls across military department and Defense Agency cyber
red teams.
(5) Any identified lessons learned that would affect
training or operational employment decisions relating to cyber
red teams.
SEC. 1705. MANAGEMENT OF DATA ASSETS BY CHIEF DIGITAL OFFICER.
(a) In General.--The Secretary of Defense shall, acting through the
Chief Data and Artificial Intelligence Officer of the Department of
Defense (CDAO), provide data assets and data analytics capabilities
necessary for understanding the global cyber-social terrain to support
the planning and execution of defensive and offensive information
operations, defensive and offensive cyber operations, indications and
warning of adversary military activities and operations, and
calibration of actions and reactions in great power competition.
(b) Responsibilities of Chief Data and Artificial Intelligence
Officer.--The Chief Data and Artificial Intelligence Officer shall--
(1) develop a baseline of data assets maintained by all
defense intelligence agencies, military departments, combatant
commands, and any other components of the Department; and
(2) develop and oversee the implementation of plans to
enhance data assets that are essential to support the purposes
set forth in subsection (a).
(c) Other Matters.--The Chief Data and Artificial Intelligence
Officer shall--
(1) designate or establish one or more executive agents for
enhancing data assets and the acquisition of data analytic
tools for users;
(2) ensure that data assets in the possession of a
component of the Department are accessible for the purposes
described in subsection (a); and
(3) ensure that advanced analytics, including artificial
intelligence technology, are developed and applied to the
analysis of data assets in support of the purposes described in
subsection (a).
(d) Semiannual Briefings.--Not later than 120 days after the date
of the enactment of this Act and not less frequently semiannually
thereafter, the Chief Data and Artificial Intelligence Officer shall
provide the congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives a briefing on the
implementation of this section.
(e) Prior Approval Reprogramming.--After the date of the enactment
of this Act, the Secretary may transfer funds to begin implementation
of this section, subject to established limitations and approval
procedures.
SEC. 1706. AUTHORITY FOR COUNTERING ILLEGAL TRAFFICKING BY MEXICAN
TRANSNATIONAL CRIMINAL ORGANIZATIONS IN CYBERSPACE.
(a) Authority.--
(1) In general.--In accordance with sections 124 and 394 of
title 10, United States Code, the Secretary of Defense may, in
coordination with other relevant Federal departments and
agencies and in consultation with the Government of Mexico as
appropriate, conduct detection, monitoring, and other
operations in cyberspace to counter Mexican transnational
criminal organizations that are engaged in any of the following
activities that cross the southern border of the United States:
(A) Smuggling of illegal drugs, controlled
substances, or precursors thereof.
(B) Human trafficking.
(C) Weapons trafficking.
(D) Other illegal activities.
(2) Certain entities.--The authority provided by paragraph
(1) may be used to counter Mexican transnational criminal
organizations, including entities cited in the most recent
National Drug Threat Assessment published by the United States
Drug Enforcement Administration, that are engaged in the
activities described in (1).
(b) Cyber Strategy for Countering Illegal Trafficking by
Transnational Criminal Organizations Affecting the Security of United
States Southern Border.--
(1) Strategy required.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall, in
consultation with the National Cyber Director and the heads of
such other Federal departments and agencies as the Secretary
considers appropriate, submit to the appropriate congressional
committees a strategy for conducting operations in cyberspace
under subsection (a).
(2) Elements.--The strategy submitted pursuant to paragraph
(1) shall include the following:
(A) A description of the cyberspace presence and
activities, including any information operations, of
the entities described under subsection (a)(2) pose to
the national security of the United States.
(B) A description of any previous actions taken by
the Department of Defense to conduct operations in
cyberspace to counter illegal activities by
transnational criminal organizations, and a description
of those actions.
(C) An assessment of the financial, technological,
and personnel resources that the Secretary can deploy
to exercise the authority provided in subsection (a) to
counter illegal trafficking by transnational criminal
organizations.
(D) Recommendations, if any, for additional
authorities as may be required to enhance the exercise
of the authority provided in subsection (a).
(E) A description of the extent to which the
Secretary has worked, or intends to work, with the
Government of Mexico, interagency partners, and the
private sector to enable operations in cyberspace
against illegal trafficking by transnational criminal
organizations.
(F) A description of the security cooperation
programs in effect on the day before the date of the
enactment of this Act that would enable the Secretary
to cooperate with Mexican defense partners against
illegal trafficking by transnational criminal
organizations in cyberspace.
(G) An assessment of the potential risks associated
with cooperating with Mexican counterparts against
transnational criminal organizations in cyberspace and
ways that those risks can be mitigated, including in
cooperation with Mexican partners.
(H) A description of any cooperation agreements or
initiatives in effect on the day before the date of the
enactment of this Act with interagency partners and the
government of Mexico to counter transnational criminal
organizations in cyberspace.
(c) Quarterly Monitoring Briefing.--The Secretary shall, on a
quarterly basis in conjunction with the briefings required by section
484 of title 10, United States Code, provide to the appropriate
congressional committees a briefing setting forth, for the preceding
calendar quarter, the following:
(1) Each country in which an operation was conducted under
subsection (a).
(2) The purpose and nature of each operation set forth
pursuant to paragraph (1).
(3) The start date and end date or expected duration of
each operation set forth pursuant to paragraph (1).
(4) The elements of the Department of Defense down to O-6
command level who conducted or are conducting the operations
set forth pursuant to paragraph (1).
(d) Rule of Construction.--Nothing in this section shall be
construed to supersede any standing prohibitions on collection of
information on United States persons.
SEC. 1707. PILOT PROGRAM FOR CYBERSECURITY COLLABORATION CENTER
INCLUSION OF SEMICONDUCTOR MANUFACTURERS.
(a) Establishment of Pilot Program.--The Secretary of Defense
shall, in coordination with the Director of the National Security
Agency, establish a pilot program to assess the feasibility and
advisability of improving the semiconductor manufacturing supply chain
by enabling the National Security Agency Cybersecurity Collaboration
Center to collaborate with semiconductor manufacturers in the United
States.
(b) Program Scope.--The pilot program established pursuant to
subsection (a) shall focus on improving the cybersecurity of the supply
chain for semiconductor design and manufacturing, including the
following:
(1) The cybersecurity of design and manufacturing
processes, as well as assembly, packaging, and testing.
(2) Protecting against cyber-driven intellectual property
theft.
(3) Reducing the risk of supply chain disruptions caused by
cyberattacks.
(c) Eligibility.--Persons who directly support the manufacture,
packaging, and assembly of semiconductors within the United States and
who provide semiconductor components for the Department of Defense,
national security systems (as defined in section 3552(b) of title 44,
United States Code), or the defense industrial base are eligible to
participate in the pilot program.
(d) Briefings.--
(1) Initial.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary shall
provide the appropriate committees of Congress a
briefing on the pilot program required under subsection
(a).
(B) Elements.--The briefing required under
subparagraph (A) shall include the following:
(i) The plans of the Secretary for the
implementation of the pilot program.
(ii) Identification of key priorities for
the pilot program.
(iii) Identification of any potential
challenges in standing up the pilot program or
impediments to semiconductor manufacturer or
semiconductor component supplier participation
in the pilot program.
(2) Annual.--
(A) In general.--Not later than one year after the
date of the enactment of this Act and annually
thereafter for the duration of the pilot program
required by subsection (a), the Secretary shall provide
the appropriate committees of Congress a briefing on
the progress of the pilot program.
(B) Elements.--Each briefing required under
subparagraph (A) shall include the following:
(i) Recommendations for addressing relevant
policy, budgetary, security, and legislative
gaps to increase the effectiveness of the pilot
program. For the first annual briefing, this
shall include an assessment of the resources
necessary for the pilot to be successful.
(ii) Recommendations for increasing
semiconductor manufacturer or semiconductor
component supplier participation in the pilot
program.
(iii) A description of the challenges
encountered in carrying out the pilot program,
including any concerns expressed by
semiconductor manufacturers or semiconductor
component supplier.
(iv) The findings of the Secretary with
respect to the feasibility and advisability of
extending or expanding the pilot program.
(v) Such other matters as the Secretary
considers appropriate.
(e) Termination.--The pilot program required by subsection (a)
shall terminate on the date that is four years after the date of the
enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1708. INDEPENDENT EVALUATION REGARDING POTENTIAL ESTABLISHMENT OF
UNITED STATES CYBER FORCE AND FURTHER EVOLUTION OF
CURRENT MODEL FOR MANAGEMENT AND EXECUTION OF CYBER
MISSION.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academy of Public
Administration (in this section referred to as the ``National
Academy'') for the National Academy to conduct the evaluation
under subsection (b) and submit the report under subsection
(e).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) by not later than 60 days
after the date of the enactment of this Act.
(b) Evaluation.--
(1) In general.--Under an agreement between the Secretary
and the National Academy entered into pursuant to subsection
(a), the National Academy shall conduct an evaluation regarding
the advisability of--
(A) establishing a separate Armed Force dedicated
to operations in the cyber domain (in this section
referred to as the ``United States Cyber Force''); or
(B) refining and further evolving the current
organization approach, which is based on the Special
Operations Command model for United States Cyber
Command.
(2) Scope.--The evaluation conducted pursuant to paragraph
(1) shall include consideration of--
(A) the potential establishment of a United States
Cyber Force as a separate Armed Force commensurate with
the Army, Navy, Marine Corps, Air Force, and Space
Force, for the purpose of organizing, training, and
equipping the personnel required to enable and conduct
operations in the cyber domain through positions
aligned to the United States Cyber Command and the
other unified combatant commands;
(B) a United States Cyber Force able to devise and
implement recruiting and retention policies and
standards specific to the range of skills and career
fields required to enable and conduct cyberspace
operations, as determined by the United States Cyber
Command and the other unified combatant commands;
(C) the performance and efficacy of the Armed
Forces to date, and potential improvements thereto from
extending the model described in paragraph (1)(B), in
satisfying the requirements of the combatant commands
to enable and conduct operations in the cyber domain
through positions aligned to the United States Cyber
Command and other unified combatant commands, and any
expected differences in that performance based on the
creation of a United States Cyber Force as compared to
evolutionary modifications to the current model;
(D) the performance and efficacy of the Armed
Forces to date, and potential improvements thereto from
extending the model described in paragraph (1)(B), in
devising and implementing recruitment and retention
policies specific to the range of skills and career
fields required to enable and conduct cyberspace
operations, as determined by the United States Cyber
Command and the other unified combatant commands, and
any expected differences in that performance based on
the creation of a United States Cyber Force as compared
to evolutionary modifications to the current model;
(E) potential and recommended delineations of
responsibility between the other Armed Forces and a
United States Cyber Force and an enhanced model
described in paragraph (1)(B) with respect to network
management, resourcing, and operations;
(F) potential and recommended delineations of
responsibility between the other Armed Forces and a
United States Cyber Force and an enhancement of the
model described in paragraph (1)(B) for United States
Cyber Command with respect to organizing, training, and
equipping members of the Cyberspace Operations Forces,
not serving in positions aligned under the Cyber
Mission Force, to the extent necessary to support
network management and operations;
(G) views and perspectives of members of the Armed
Forces, in each grade, serving in the Cyber Mission
Force with experience in operational work roles (as
defined by the Commander of the United States Cyber
Command), and military and civilian leaders across the
Department regarding the establishment of a Cyber Force
and a further evolution of the model described in
paragraph (1)(B) for United States Cyber Command;
(H) the extent to which each of the other Armed
Forces is formed towards, and organized around,
operations within a given warfighting domain, and the
potential applicability of such formation and
organizing constructs to a United States Cyber Force
with respect to the cyber domain;
(I) findings from previous relevant assessments,
analyses, and studies conducted by the Secretary, the
Comptroller General of the United States, or other
entities determined relevant by the National Academy on
the establishment of a United States Cyber Force and a
further evolution of the model described in paragraph
(1)(B) for United States Cyber Command;
(J) the organizing constructs for effective and
operationally mature cyber forces of foreign countries
and the relevance of such constructs to the potential
creation of a United States Cyber Force and a further
evolution of the model described in paragraph (1)(B)
for United States Cyber Command;
(K) lessons learned from the creation of the United
States Space Force that should be applied to the
creation of a United States Cyber Force;
(L) recommendations for approaches to the creation
of a United States Cyber Force and the further
evolution of the model described in paragraph (1)(B)
for United States Cyber Command that would minimize
disruptions to Department of Defense cyber operations;
(M) the histories of the Armed Forces, including an
analysis of the conditions that preceded the
establishment of each new Armed Force established since
1900; and
(N) a comparison between the potential service
secretariat leadership structures for a United States
Cyber Force and the further evolution of the model
described in paragraph (1) for United States Cyber
Command, including establishing the United States Cyber
Force within an existing military department, standing
up a new military department, and evolving the service
secretary-like function of the Principal Cyber Advisor
in the Office of the Under Secretary of Defense for
Policy.
(3) Considerations.--The evaluation conducted pursuant to
paragraph (1) shall include an evaluation of how a potential
United States Cyber Force dedicated to the cyber domain would
compare in performance and efficacy to the current model and a
further evolution of the model described in paragraph (1)(B)
for United States Cyber Command, with respect to the following
functions and potential objective end states, as well as an
evaluation of the importance of the functions and potential end
states:
(A) Organizing, training, and equipping the size of
a force necessary to satisfy existing and projected
requirements of the Department of Defense.
(B) Harmonizing training requirements and programs
in support of cyberspace operations.
(C) Recruiting and retaining qualified officers and
enlisted members of the Armed Forces at the levels
necessary to execute cyberspace operations.
(D) Using reserve component forces in support of
cyberspace operations.
(E) Sustaining persistent force readiness.
(F) Generating foundational intelligence in support
of cyberspace operations.
(G) Acquiring and providing cyber capabilities in
support of cyberspace operations.
(H) Establishing pay parity among members of the
Armed Forces serving in and qualified for work roles in
support of cyberspace operations.
(I) Establishing pay parity among civilians serving
in and qualified for work roles in support of
cyberspace operations.
(J) Establishing advancement parity for members of
the Armed Forces serving in and qualified for work
roles in support of cyberspace operations.
(K) Establishing advancement parity for civilians
serving in and qualified for work roles in support of
cyberspace operations.
(L) Developing professional military education
content and curricula focused on the cyber domain.
(c) Support From Federally Funded Research and Development
Center.--
(1) In general.--Upon a request from the National Academy,
the Secretary shall seek to enter into an agreement with a
federally funded research and development center described in
paragraph (2) under which such federally funded research and
development center shall support the National Academy in
conducting the evaluation under subsection (b).
(2) Federally funded research and development center
described.--A federally funded research and development center
described in this paragraph is a federally funded research and
development center the staff of which includes subject matter
experts with appropriate security clearances and expertise in--
(A) cyber warfare;
(B) personnel management;
(C) military training processes; and
(D) acquisition management.
(d) Access to Department of Defense Personnel, Information, and
Resources.--Under an agreement entered into between the Secretary and
the National Academies under subsection (a)--
(1) the Secretary shall agree to provide to the National
Academy access to such personnel, information, and resources of
the Department of Defense as may be determined necessary by the
National Academy in furtherance of the conduct of the
evaluation under subsection (b); and
(2) if the Secretary does not provide such access, or any
other major obstacle to such access occurs, the National
Academy shall agree to notify the congressional defense
committees not later than seven days after the date of such
refusal or other occurrence.
(e) Report.--
(1) Submission to congress.--Under an agreement entered
into between the Secretary and the National Academy under
subsection (a), the National Academy shall submit to the
congressional defense committees a report containing the
findings of the National Academy with respect to the evaluation
under subsection (b) not later than 210 days after the date of
the execution of the agreement.
(2) Prohibition against interference.--No personnel of the
Department of Defense, nor any other officer or employee of the
United States Government, may interfere, exert undue influence,
or in any way seek to alter the findings of the National
Academy specified in paragraph (1) prior to the submission
thereof under such paragraph.
(3) Form.--The report under paragraph (1) shall be
submitted in an unclassified form, but may include a classified
annex.
Subtitle B--Matters Relating to Department of Defense Cybersecurity and
Information Technology
SEC. 1711. REQUIREMENTS FOR DEPLOYMENT OF FIFTH GENERATION INFORMATION
AND COMMUNICATIONS CAPABILITIES TO DEPARTMENT OF DEFENSE
BASES AND FACILITIES.
(a) In General.--The Secretary of Defense shall--
(1) develop and implement a strategy for deploying private
networks, based on fifth generation information and
communications capabilities (5G) and Open Radio Access Network
(ORAN) architecture, to military bases and facilities that are
tailored to the specific mission, security, and performance
requirements of those bases and facilities;
(2) create a common, transparent, and streamlined process
for enabling public network service providers of fifth
generation information and communications capabilities to gain
access to military bases and facilities to provide commercial
subscriber services to government and contractor personnel and
organizations located on those bases and facilities; and
(3) decide, on a case-by-case basis or as a common
requirement, whether to contract for--
(A) neutral hosting, whereby infrastructure and
services will be provided to companies deploying
private networks and public network services through
Multi-Operator Core Network architectures; or
(B) separate private network and public network
infrastructure.
(b) International Cooperation Activities.--The Secretary may engage
in cooperation activities with foreign allies and partners of the
United States, using an authority provided by another provision of law,
to inform the efficient and effective deployment of Open Radio Access
Network architecture and to implement the strategy required under
subsection (a)(1).
(c) Due Date for Strategy and Briefing.--
(1) Strategy.--The Secretary shall develop the strategy
required in subsection (a)(1) not later than 120 days after the
date of the enactment of this Act.
(2) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the strategy
developed under paragraph (1) of subsection (a) and the
activities of the Secretary under such subsection.
(d) Definition of Open Radio Access Network.--The term ``Open Radio
Access Network'' means a network architecture that is modular, uses
open interfaces, and virtualizes functionality on commodity hardware
through software.
SEC. 1712. DEPARTMENT OF DEFENSE INFORMATION NETWORK BOUNDARY AND
CROSS-DOMAIN DEFENSE.
(a) Modernization Program Required.--The Secretary of Defense shall
carry out a modernization program for network boundary and cross-domain
defense against cyber attacks, expanding upon the fiscal year 2023
pilot program and initial deployment to the primary Department of
Defense internet access points (IAPs) managed by the Defense
Information Systems Agency (DISA).
(b) Program Phases.--
(1) In general.--The modernization program required by
subsection (a) shall be implemented in phases, with the
objective of completing the program by October 1, 2028.
(2) Objectives.--The phases required by paragraph (1) shall
include the following objectives:
(A) By the end of fiscal year 2026, completion of--
(i) a pilot of modernized boundary defense
capabilities and initial and full deployment of
the capabilities to internet access points
managed by the Defense Information Systems
Agency; and
(ii) the extension of modernized boundary
defense capabilities to all additional internet
access points of the Department of Defense
information network (DODIN).
(B) By the end of fiscal year 2027, survey, pilot,
and deploy modernized boundary defense capabilities to
the access points and cross-domain capabilities of the
Secret Internet Protocol Network.
(C) By the end of fiscal year 2028, survey, pilot,
and deploy modernized boundary defense capabilities to
remaining classified networks and enclaves of the
Department information network.
(c) Briefing Required.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on--
(1) the findings of the Secretary with respect to the pilot
and initial deployment under subsection (b)(2)(A)(i); and
(2) the plans of the Secretary for the phased deployment to
other internet access points and classified networks pursuant
to subsection (b).
SEC. 1713. POLICY AND GUIDANCE ON MEMORY-SAFE SOFTWARE PROGRAMMING.
(a) Policy and Guidance.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall develop a
Department of Defense-wide policy and guidance in the form of a
directive memorandum to implement the recommendations of the National
Security Agency contained in the Software Memory Safety Cybersecurity
Information Sheet published by the Agency in November, 2022, regarding
memory-safe software programming languages and testing to identify
memory-related vulnerabilities in software developed, acquired by, and
used by the Department of Defense.
(b) Requirements.--The policy required in subsection (a) shall--
(1) establish the conditions and associated approval
processes under which a component of the Department may--
(A) contract for the development of custom software
that includes open source and reused software written
in programming languages that are not classified as
memory-safe by the Agency;
(B) acquire commercial software items that use
programming languages that are not classified as
memory-safe by the Agency;
(C) contract for software-as-a-service where the
contractor uses programming languages that are not
classified as memory-safe by the Agency; and
(D) develop software in Federal Government-owned
software factories programming languages that are not
classified as memory-safe by the Agency; and
(2) establish requirements and processes for employing
static and dynamic application security testing that can
identify memory-use issues and vulnerabilities and resolve them
for software contracted for, developed, or acquired as
described in paragraph (1).
(c) Briefing Required.--Not later than 300 days after the date of
the enactment of this Act, the Secretary shall provide the
congressional defense committees a briefing on the policy and guidance
developed under subsection (a).
SEC. 1714. DEVELOPMENT OF REGIONAL CYBERSECURITY STRATEGIES.
(a) Development of Strategies Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall, in coordination with the Commander of United States Cyber
Command and each commander of a geographic combatant command, develop,
for each geographic combatant command, a regional cybersecurity
strategy to support the operations of such command.
(b) Elements.--Each regional cybersecurity strategy developed under
subsection (a) for a geographic combatant command shall include the
following:
(1) A description or an outline of methods to identify both
nation-state and non-state cyber threat actors.
(2) Processes to enhance the targeting, intelligence, and
cyber capabilities of the combatant command.
(3) Plans to increase the number of cyber planners embedded
in the combatant command.
(4) Processes to integrate cyber forces into other warfare
domains.
(5) A plan to assist, train, advise, and participate in
cyber capacity building with international partners.
(6) A prioritization of cyber risks and vulnerabilities
within the geographic region.
(7) Processes to coordinate cyber activities with
interagency partners with activities in the geographic region.
(8) Specific plans to assist in the defense of foreign
infrastructure that is critical to the national security
interests of the United States.
(9) Means by which the Cybersecurity and Infrastructure
Security Agency will be integrated into each strategy.
SEC. 1715. CYBER INCIDENT REPORTING.
(a) Cyber Incident Reporting Requirement.--
(1) Department governance.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Chief Information Officer of
the Department of Defense, the Commander of United States Cyber
Command, and the Commander of the Joint Force Headquarters
Department of Defense Information Network--
(A) assign responsibility to the Commander of the
Joint Force Headquarters Department of Defense
Information Network to oversee cyber incident reporting
and notification of cyber incidents to Department
leadership;
(B) align policy and system requirements to enable
the Department to have enterprise-wide visibility of
cyber incident reporting to support rapid and
appropriate response; and
(C) distribute new guidance to Department personnel
on cyber incident reporting, which shall include
detailed procedures for identifying, reporting, and
notifying Department leadership of critical cyber
incidents.
(2) Defense industrial base.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
ensure that the Chief Information Officer determines what
actions need to be taken to encourage more complete and timely
mandatory cyber incident reporting from persons in the defense
industrial base.
(3) Data breach notification.--The Secretary shall ensure
that components of the Department document instances in which
Department personnel affected by a privacy data breach are
notified of the breach within 72 hours of the discovery of the
breach.
(b) Assessment on Establishing Office of Cyber Statistics.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
complete an assessment of the feasibility and suitability of
establishing, and resourcing required to establish, an office
of cyber statistics to track cyber incidents and measure the
response time of defense agencies and the military departments
to address cyber threats, risks, and vulnerabilities.
(2) Elements.--The assessment required under paragraph (1)
shall include an evaluation of the feasibility, suitability,
and resourcing required for defense agencies and the military
departments--
(A) to collect data on the amount of time it takes
to detect a cyber incident;
(B) to respond to a cyber incident;
(C) to fully mitigate the risk of high-impact cyber
vulnerabilities;
(D) to recover data following a malicious cyber
intrusion; and
(E) to collect such other metrics as the Secretary
determines would help improve cyber incident reporting
practices.
SEC. 1716. MANAGEMENT BY DEPARTMENT OF DEFENSE OF MOBILE APPLICATIONS.
(a) Implementation of Recommendations.--
(1) In general.--The Secretary of Defense shall evaluate
and implement to the maximum practicable extent the
recommendations of the Inspector General of the Department of
Defense with respect to managing mobile applications contained
in the report set forth by the Inspector General dated February
9, 2023, and entitled ``Management Advisory: The DoD's Use of
Mobile Applications'' (Report No. DODIG-2023-041).
(2) Deadline.--The Secretary shall implement the
recommendations specified in subsection (a) by not later than
one year after the date of the enactment of this Act, unless
the Secretary notifies the congressional defense committees in
writing of specific recommendations that the Secretary chooses
not to implement or to implement after the date that is one
year after the date of the enactment of this Act.
(b) Briefing on Requirements Related to Covered Applications.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall brief the
congressional defense committees on actions taken by the
Secretary to enforce compliance with existing policy of the
Department of Defense that prohibits--
(A) the installation and use of covered
applications on Federal Government devices; and
(B) the use of covered applications on the
Department of Defense Information Network on personal
devices.
(2) Covered applications defined.--In this subsection, the
term ``covered applications'' means the social networking
service TikTok or any successor application or service
developed or provided by ByteDance Limited or an entity owned
by ByteDance Limited.
SEC. 1717. SECURITY ENHANCEMENTS FOR THE NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS NETWORK.
(a) Required Establishment of Cross-functional Team.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a cross-functional team, in accordance with section
911(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 111 note), to develop
and direct the implementation of a threat-driven cyber defense
construct for systems and networks that support the nuclear
command, control, and communications (commonly referred to as
``NC3'') mission.
(2) Participation in the cross-functional team.--The
Secretary shall ensure that each of the military departments,
the Defense Information Systems Agency, the National Security
Agency, United States Cyber Command, and the Nuclear Command,
Control, and Communications Enterprise Center of United States
Strategic Command provide staff for the cross-functional team.
(3) Scope.--The cross-functional team shall work to enhance
the cyber defense of the nuclear command, control, and
communications network during the period beginning on the date
of the enactment of this Act and ending on October 31, 2028, or
a subsequent date as the Secretary may determine.
(b) Required Construct and Plan of Action and Milestones.--Not
later than one year after the date of the enactment of this Act, the
head of the cross-functional team established pursuant to subsection
(a)(1) shall develop a cyber defense construct and associated plans of
actions and milestones to enhance the security of the systems and
networks that support the nuclear command, control, and communications
mission that are based on--
(1) the application of the principles of the Zero Trust
Architecture approach to security;
(2) analysis of appropriately comprehensive endpoint and
network telemetry data; and
(3) control capabilities enabling rapid investigation and
remediation of indicators of compromise and threats to mission
execution.
(c) Annual Briefings.--During the 60-day period beginning on the
date that is 30 days before the date on which the President submits to
Congress the budget of the President for fiscal year 2025 pursuant to
section 1105(a) of title 31, United States Code, and for each of fiscal
years 2026 through 2028, the Secretary shall provide the congressional
defense committees a briefing on the implementation of this section.
SEC. 1718. GUIDANCE REGARDING SECURING LABORATORIES OF THE ARMED
FORCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Chief Information Officer of the Department of Defense, the
Chief Digital and Artificial Intelligence Officer of the Department,
the Under Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Intelligence and Security, issue
guidance throughout the Department regarding methods and processes to
secure laboratories of the Armed Forces from--
(1) unauthorized access and intrusion;
(2) damage to, and destruction, manipulation, or theft of,
physical and digital laboratory assets;
(3) accidental or intentional release or disclosure of
sensitive information; and
(4) cyber sabotage.
(b) Methods and Processes.--At a minimum, the methods and processes
required under subsection (a) shall include guidance to--
(1) secure laboratory operations through zero trust
principles;
(2) control access of devices to laboratory information
networks;
(3) secure inventory management processes;
(4) control or limit access to laboratories of the Armed
Forces to authorized individuals;
(5) maintain the security and integrity of data libraries,
repositories, and other digital assets;
(6) report and remediate cyber incidents or other
unauthorized intrusions;
(7) train and educate personnel of the Department on
laboratory security;
(8) develop an operations security (OPSEC) plan to secure
laboratory operations that can be used to implement the
appropriate countermeasures given the mission, assessed risk,
and resources available to the unit and provides guidelines for
implementation of routine procedures and measures to be
employed during daily operations or activities of the unit; and
(9) develop and train applicable units on individualized
secure laboratory critical information and indicator lists to
aid in protecting critical information about Department
activities, intentions, capabilities, or limitations that an
adversary seeks to gain a military, political, diplomatic,
economic, or technological advantage.
SEC. 1719. ESTABLISHING IDENTITY, CREDENTIAL, AND ACCESS MANAGEMENT
INITIATIVE AS A PROGRAM OF RECORD.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall establish the
Identity, Credential, and Access Management (ICAM) initiative as a
program of record subject to milestone reviews, compliance with
requirements, and operational testing.
(b) Elements.--The program of record established pursuant to
subsection (a) shall encompass, at a minimum, the following:
(1) Correcting the authentication and credentialing
security weaknesses, including in the Public Key Infrastructure
program, identified by the Director of Operational Test and
Evaluation in a report submitted to Congress in April, 2023,
entitled ``FY14-21 Observations of the Compromise of Cyber
Credentials''.
(2) Implementing improved authentication technologies, such
as biometric and behavioral authentication techniques and other
non-password-based solutions.
(c) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary shall provide the congressional
defense committees a briefing on the parameters of the program of
record established pursuant to subsection (a).
SEC. 1720. STRATEGY ON CYBERSECURITY RESILIENCY OF DEPARTMENT OF
DEFENSE SPACE ENTERPRISE.
(a) Strategy.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Chief Information Officer of the Department of Defense, the
Commander of United States Cyber Command, the Secretary of the Air
Force, and the Commander of United States Space Command, develop and
commence implementation of a Department-wide strategy regarding cyber
protection activities for the Department of Defense space enterprise.
(b) Elements.--The strategy developed and implemented pursuant to
subsection (a) shall, at a minimum, address the following elements:
(1) The coordination and synchronization of cyber
protection activities across combatant commands, the military
departments, and defense agencies.
(2) The adoption and implementation of zero trust
architecture on legacy and new space-based systems.
(3) How the Department will prioritize the mitigation of
known cyber risks and vulnerabilities to legacy and new space-
based systems.
(4) How the Department will accelerate the development of
capabilities to protect space-based systems from cyber threats.
(c) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary shall provide the congressional
defense committees a briefing on the strategy developed and implemented
pursuant to subsection (a).
SEC. 1721. REQUIREMENTS FOR IMPLEMENTATION OF USER ACTIVITY MONITORING
FOR CLEARED PERSONNEL AND OPERATIONAL AND INFORMATION
TECHNOLOGY ADMINISTRATORS AND OTHER PRIVILEGED USERS.
(a) In General.--The Secretary of Defense shall require each head
of a component of the Department of Defense to fully implement
directives, policies, and program requirements for user activity
monitoring and least privilege access controls for Federal Government
and contractor personnel granted access to classified information and
classified networks.
(b) Specific User Activity Control Requirements.--The Secretary
shall require each head of a Department component to fully implement
the detection, collection, and auditing of the following:
(1) Sent and received emails, including sent attachments
and emails sent outside of Federal Government domains.
(2) Screen captures and print jobs, with focused attention
on unusual volumes and times.
(3) Accesses to World Wide Web Uniform Resource Locators
and uploads and downloads involving nongovernment domains.
(4) All instances in which a user creates, copies, moves
to, or renames a file on removable media.
(5) Secure file transfers, including on nonstandard ports.
(6) Keystrokes.
(7) Unauthorized research on user activity monitoring
agents and techniques to disable user activity monitoring
agents.
(8) Attempts to clear event logs on devices.
(9) Unauthorized applications being installed or run on an
endpoint.
(10) Installation and use of mounted drives, including
serial numbers of such drives.
(11) Initiation and control of an interactive session on a
remote computer or virtual machine.
(12) Instances where monitored users are denied access to a
network location or resource.
(13) Users uploading to or downloading from cloud services.
(14) Administrative actions by privileged users, including
remote and after-hour administrative actions, as well as
document viewing, copy and paste activity, and file copying to
new locations.
(c) Additional Requirements.--The Secretary shall require each head
of a Department component to implement the following:
(1) Automated controls to prohibit privileged user accounts
from performing general user activities not requiring
privileged access.
(2) Two-person control whereby privileged users attempt to
initiate data transfers from a classified domain and removable
media-based data transfer activities on classified networks.
(d) Establishing User Activity Monitoring Behavior Thresholds.--
(1) In general.--The Secretary shall require each head of a
Department component to implement standard triggers, alerts,
and controls developed by the Under Secretary of Defense for
Intelligence and Security based on insider threat behavior
models approved by the Under Secretary.
(2) Approval of deviations.--A head of a Department
component that seeks to adopt a practice pursuant to paragraph
(1) that deviates from standard triggers, alerts, and controls
described in such paragraph by being less stringent shall
submit to the Under Secretary a request for approval for such
deviation along with a written justification for such
deviation.
(e) Periodic Testing.--The Secretary shall require each head of a
Department component, not less frequently than once every two years--
(1) to conduct insider threat testing using threat-
realistic tactics, techniques, and procedures; and
(2) to submit to the Under Secretary and the Director of
Operational Test and Evaluation a report on the findings of the
head with respect to the testing conducted pursuant to
paragraph (1).
(f) Periodic Reviews and Updates.--The Secretary shall review and
update the standard set of triggers, alerts, and controls described in
subsection (d)(1) at least once every three years to account for new
technology, new insider threat behaviors, and the results of testing
conducted pursuant to subsection (e)(1).
(g) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Armed Services and the Select Committee on Intelligence of the Senate
and the Committee on Armed Services and the Permanent Select Committee
on Intelligence of the House of Representatives a report on the
implementation of the requirements of this section.
(h) Definition of Triggers.--In this section, the term ``trigger''
means a set of logic statements applied to a data stream that produces
an alert when an anomalous incident or behavior occurs.
SEC. 1722. DEPARTMENT OF DEFENSE DIGITAL CONTENT PROVENANCE.
(a) Briefing.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Defense Media
Activity (DMA) shall provide a to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on developing a course
of education at the Defense Information School (DINFOS) to
teach the practical concepts and skills needed by Department of
Defense public affairs, audiovisual, visual information, and
records management specialists.
(2) Elements.--The briefing provided pursuant to paragraph
(1) shall cover the following:
(A) The expertise and qualifications of the
Department personnel who will be responsible for
teaching the proposed course of education.
(B) The list of sources that will be consulted and
used to develop the proposed curriculum for the course
of education.
(C) A description of the industry open technical
standards under subsection (b)(1)(C).
(D) The status of the implementation of the course
of education.
(b) Course of Education Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director of the Defense Media
Activity shall establish a course of education at the Defense
Information School to teach the practical concepts and skills
needed by public affairs, audiovisual, visual information, and
records management specialists to understand the following:
(A) Digital content provenance for applicable
Department media content.
(B) The challenges posed to Department missions and
operations by a digital content forgery.
(C) How existing industry open technical standards
may be used to authenticate the digital content
provenance of applicable Department media content.
(2) Matters covered.--The course of education established
pursuant to paragraph (1) shall cover the following:
(A) The challenges to Department missions and
operations posed by a digital content forgery.
(B) The development of industry open technical
standards for verifying the digital content provenance
of applicable Department media content.
(C) Hands-on training techniques for capturing
secure and authenticated digital content for
documenting and communicating Department themes and
messages.
(D) Training for completing post-production tasks
by using industry open technical standards for digital
content provenance and transmitting applicable
Department media content in both operational and
nonoperational environments.
(E) Such other matters as the Director considers
appropriate.
(3) Report.--Not later than one year after the date of the
establishment of the course required in paragraph (1), the
Director shall provide the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the following:
(A) The status of the development of a curriculum
to carry out the course of education required by
paragraph (1).
(B) The implementation plan of the Director for
such course of education, including the following:
(i) The expertise and qualifications of the
Department personnel responsible for teaching
the course of education.
(ii) The list of sources consulted and used
to develop the curriculum for the course of
education.
(iii) A description of the industry open
technical standards under subsection (b)(1)(C).
(iv) The status of the implementation of
the course of education.
(C) The resources available to the Director to
carry out this subsection and whether the Director
requires any additional resources to carry out this
subsection.
(c) Pilot Program on Implementing Digital Content Provenance
Standards.--
(1) Pilot program required.--Not later than one year after
the date of the enactment of this Act, the Director shall
commence a pilot program to assess the feasibility and
advisability of implementing industry open technical standards
for digital content provenance for official Department
photographic and video visual documentation that is publicly
released by the Defense Visual Information Distribution Service
(DVIDS) and other distribution platforms, systems, and services
used by the Department.
(2) Elements.--In carrying out the pilot program required
by paragraph (1), the Director shall--
(A) establish a process for using industry open
technical standards for verifying the digital content
provenance of applicable Department media content;
(B) apply technology solutions on photographs and
videos of the Department publicly released after the
date of the enactment of this section, that comport
with industry open technical standard for digital
content provenance;
(C) assess the feasibility and advisability of
applying an industry open technical standard for
digital content provenance on historical visual
information records of the Department stored at the
Defense Visual Information Records Center; and
(D) develop and apply measure of effectiveness for
the execution of the pilot program.
(3) Consultation.--In carrying out the pilot program
required by paragraph (1), the Director may consult with
federally funded research and development centers, private
industry, academia, and such others as the Director considers
appropriate.
(4) Termination.--The pilot program carried out pursuant to
paragraph (1) shall terminate on January 1, 2027.
(5) Report.--
(A) In general.--Not later than January 1, 2026,
the Director shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on
the pilot program.
(B) Contents.--The report submitted pursuant to
subparagraph (A) shall include the following:
(i) The findings of the Director with
respect to the pilot program.
(ii) The names of all entities the Director
consulted with in carrying out the pilot
program as authorized under paragraph (3).
(iii) Assessment of the effectiveness of
the pilot.
(iv) A recommendation as to whether the
pilot program should be made permanent.
(d) Definitions.--In this section:
(1) The term ``applicable Department media content'' means
the media holdings generated, stored, or controlled by the
Defense Media Activity.
(2) The term ``digital content forgery'' means the use of
emerging technologies, including artificial intelligence and
machine learning techniques to fabricate or manipulate audio,
visual, or text content with the intent to mislead.
(3) The term ``digital content provenance'' means the
verifiable chronology of the origin and history of a piece of
digital content, such as an image, video, audio recording, or
electronic document.
SEC. 1723. POST-GRADUATE EMPLOYMENT OF CYBER SERVICE ACADEMY
SCHOLARSHIP RECIPIENTS IN INTELLIGENCE COMMUNITY.
Section 1535 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2200 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, the heads of
the elements of the intelligence community,'' after
``the Secretary of Homeland Security''; and
(B) in paragraph (3), by striking ``Department of
Defense Cyber and Digital Service Academy'' and
inserting ``Cyber Service Academy''; and
(2) in subsection (d), by inserting ``or an element of the
intelligence community'' after ``missions of the Department'';
(3) in subsection (e)--
(A) by striking ``Secretary'' each place it appears
and inserting ``head concerned''; and
(B) by inserting ``, or within an element of the
intelligence community, as the case may be'' after
``United States Code'';
(4) in subsections (h), (j), and (k), by striking
``Secretary'' each place it appears and inserting ``head
concerned''; and
(5) by adding at the end of the following new subsections:
``(p) Interagency Considerations.--
``(1) In general.--The Secretary of Defense shall enter
into an agreement with the head of an element of the
intelligence community to allow a scholarship recipient to
satisfy the recipient's post-award employment obligations under
this section by working for an element of the intelligence
community that is not part of the Department of Defense if the
head of that element agrees to reimburse the Department of
Defense for the scholarship program costs associated with that
scholarship recipient.
``(2) Limitations.--(A) A scholarship recipient may not
serve the recipient's post-award employment obligation under
this section at an element of the intelligence community that
is not part of the Department of Defense before an agreement
under paragraph (1) is reached.
``(B) Not more than 10 percent of scholarship recipients in
each class may be placed in positions outside the Department of
Defense unless the Secretary certifies that the Department of
Defense cannot facilitate a placement within the Department of
Defense.
``(q) Definitions.--In this section:
``(1) The term `head concerned' means--
``(A) The Secretary of Defense, with respect to
matters concerning the Department of Defense; or
``(B) the head of an element of the intelligence
community, with respect to matters concerning that
element.
``(2) The term `intelligence community' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1724. MINIMUM NUMBER OF SCHOLARSHIPS TO BE AWARDED ANNUALLY
THROUGH CYBER SERVICE ACADEMY.
Section 1535(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
2200 note) is amended by adding at the end the following new paragraph:
``(5) Minimum number of scholarship awards.--
``(A) In general.--The Secretary of Defense shall
award not fewer than 1,000 scholarships through the
Program in fiscal year 2026 and in each fiscal year
thereafter.
``(B) Waiver.--The Secretary of Defense may award
fewer than the number of scholarships required under
subparagraph (A) in a fiscal year if the Secretary
determines and notifies the congressional defense
committees that fewer scholarships are necessary to
address workforce needs.''.
SEC. 1725. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE DATA AND
ESTABLISHMENT OF CHIEF DIGITAL AND ARTIFICIAL
INTELLIGENCE OFFICER GOVERNING COUNCIL.
(a) Control and Management of Department of Defense Data.--The
Chief Digital and Artificial Intelligence Officer of the Department of
Defense shall maintain the authority, but not the requirement, to
access and control, on behalf of the Secretary of Defense, of all data
collected, acquired, accessed, or utilized by Department of Defense
components consistent with section 1513 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10
U.S.C. 4001 note).
(b) Chief Digital and Artificial Intelligence Officer Governing
Council.--Paragraph (3) of section 238(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. note prec. 4061) is amended to read as follows:
``(3) Chief digital and artificial intelligence officer
governing council.--
``(A) Establishment.--(i) The Secretary shall
establish a council to provide policy oversight to
ensure the responsible, coordinated, and ethical
employment of data and artificial intelligence
capabilities across Department of Defense missions and
operations.
``(ii) The council established pursuant to clause
(i) shall be known as the `Chief Digital and Artificial
Intelligence Officer Governing Council' (in this
paragraph the `Council').
``(B) Membership.--The Council shall be composed of
the following:
``(i) Joint Staff J-6.
``(ii) The Under Secretary of Defense for
Acquisition and Sustainment.
``(iii) The Under Secretary of Defense for
Research and Evaluation.
``(iv) The Under Secretary of Defense for
Intelligence and Security.
``(v) The Under Secretary of Defense for
Policy.
``(vi) The Director of Cost Analysis and
Program Evaluation.
``(vii) The Chief Information Officer of
the Department.
``(viii) The Director of Administration and
Management.
``(ix) The service acquisition executives
of each of the military departments.
``(C) Head of council.--The Council shall be headed
by the Chief Digital and Artificial Intelligence
Officer of the Department.
``(D) Meetings.--The Council shall meet not less
frequently than twice each fiscal year.
``(E) Duties of council.--The duties of the Council
are as follows:
``(i) To streamline the organizational
structure of the Department as it relates to
artificial intelligence development,
implementation, and oversight.
``(ii) To improve coordination on
artificial intelligence governance with the
defense industry sector.
``(iii) To establish and oversee artificial
intelligence guidance on ethical requirements
and protections for usage of artificial
intelligence supported by Department funding
and reduces or mitigates instances of
unintended bias in artificial intelligence
algorithms.
``(iv) To identify, monitor, and
periodically update appropriate recommendations
for operational usage of artificial
intelligence.
``(v) To review, as the head of the Council
considers necessary, artificial intelligence
program funding to ensure that any Department
investment in an artificial intelligence tool,
system, or algorithm adheres to all Department
established policy related to artificial
intelligence.
``(vi) To provide periodic status updates
on the efforts of the Department to develop and
implement artificial intelligence into existing
Department programs and processes.
``(vii) To provide guidance on access and
distribution restrictions relating to data,
models, tool sets, or testing or validation
infrastructure.
``(viii) to implement and oversee a data
and artificial intelligence educational program
for the purpose of familiarizing the Department
at all levels on the applications of artificial
intelligence in their operations.
``(ix) To implement and oversee a data
decree scorecard.
``(x) Such other duties as the Council
determines appropriate.
``(F) Periodic reports.--Not later than 180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024 and not less
frequently than once every 18 months thereafter, the
Council shall submit to the Secretary and the
congressional defense committees a report on the
activities of the Council during the period covered by
the report.''.
SEC. 1726. REQUIREMENT TO SUPPORT FOR CYBER EDUCATION AND WORKFORCE
DEVELOPMENT AT INSTITUTIONS OF HIGHER LEARNING.
(a) Authority.--The Secretary of Defense shall support the
development of foundational expertise in critical cyber operational
skills at institutions of higher learning, selected by the Secretary
under subsection (b), for current and future members of the Armed
Forces and civilian employees of the Department of Defense.
(b) Selection.--The Secretary shall select institutions of higher
learning to receive support under subsection (a) from among
institutions of higher learning that meet the following eligibility
criteria:
(1) The institution offers a program from beginning through
advanced skill levels to provide future military and civilian
leaders of the Armed Forces with operational cyber expertise.
(2) The institution includes instruction and practical
experiences that lead to recognized certifications and degrees
in the cyber field.
(3) The institution has and maintains an educational
partnership with an active component of the Armed Forces or a
Department component designed to facilitate the development of
critical cyber skills for students who may pursue a military
career.
(4) The institution is located in close proximity to a
military installation with a cyber mission defined by the
Department or the Armed Forces.
(c) Support.--Under subsection (a), the Secretary shall provide, at
a minimum, to each institution of higher learning selected by the
Secretary under subsection (b) the following support for civilian and
military leaders of the Department transitioning into cyber fields at
the Department:
(1) Expansion of cyber educational programs focused on
enhancing such transition.
(2) Hands-on cyber opportunities, including laboratories
and security operations centers.
(3) Direct financial assistance to civilian and military
students at the Department to increase access to courses and
hands-on opportunities under paragraphs (1) and (2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2024.
SEC. 1727. IMPROVEMENTS RELATING TO CYBER PROTECTION SUPPORT FOR
DEPARTMENT OF DEFENSE PERSONNEL IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
Section 1645 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``and personal accounts''
after ``personal technology devices''; and
(ii) by inserting ``and shall provide such
support to any such personnel who request the
support'' after ``in paragraph (2)''; and
(B) in paragraph (2)(B), by inserting ``or personal
accounts'' after ``personal technology devices'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or personal
accounts'' after ``personal technology devices''; and
(B) in paragraph (2), by striking ``and networks''
and inserting ``, personal networks, and personal
accounts''; and
(3) by striking subsections (d) and (e) and inserting the
following new subsection (d):
``(d) Definitions.--In this section:
``(1) The term `personal accounts' means accounts for
online and telecommunications services, including telephone,
residential internet access, email, text and multimedia
messaging, cloud computing, social media, health care, and
financial services, used by Department of Defense personnel
outside of the scope of their employment with the Department.
``(2) The term `personal technology devices ' means
technology devices used by Department of Defense personnel
outside of the scope of their employment with the Department
and includes networks to which such devices connect.''.
SEC. 1728. COMPTROLLER GENERAL REPORT ON EFFORTS TO PROTECT PERSONAL
INFORMATION OF DEPARTMENT OF DEFENSE PERSONNEL FROM
EXPLOITATION BY FOREIGN ADVERSARIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall brief the appropriate congressional committees on Department of
Defense efforts to protect personal information of its personnel from
exploitation by foreign adversaries.
(b) Elements.--The briefing required under subsection (a) shall
include any observations on the following elements:
(1) An assessment of efforts by the Department of Defense
to protect the personal information, including location data
generated by smart phones, of members of the Armed Forces,
civilian employees of the Department of Defense, veterans, and
their families from exploitation by foreign adversaries.
(2) Recommendations to improve Department of Defense
policies and programs to meaningfully address this threat.
(c) Report.--The Comptroller General shall publish on its website
an unclassified report, which may contain a classified annex submitted
to the congressional defense and intelligence committees, on the
elements described in subsection (b) at a time mutually agreed upon.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence of the Senate; and
(3) the Permanent Select Committee on Intelligence of the
House of Representatives.
TITLE XVIII--SPACE FORCE PERSONNEL MANAGEMENT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Space Force Personnel Management
Act''.
SEC. 1802. SPACE FORCE PERSONNEL MANAGEMENT ACT TRANSITION PLAN.
(a) Conditions Required for Enactment.--
(1) In general.--None of the authorities provide by this
title shall take effect until the later of--
(A) the Secretary of the Air Force--
(i) certifies to the congressional defense
committees that any State National Guard
affected by the transfer of units, personnel
billets, equipment, and resources into the
Space Force will be made whole by the transfer
of additional assets under the control of the
Secretary of the Air Force into the affected
State National Guard; and
(ii) submits to the congressional defense
committees a report that includes a transition
plan to move all units, personnel billets,
equipment, and resources performing core Space
Force functions, under the operational control
of the Space Force, or otherwise integral to
the Space Force mission that may exist in the
reserve components of the Department of the Air
Force into the Space Force; and
(B) one year after the Secretary of Defense
provides the briefing on the study required under
section 1703(c).
(2) Elements.--The transition plan required under paragraph
(1)(B) shall include the following elements:
(A) An identification of any units, personnel
billets, equipment, and resources currently residing in
the Air Force Reserve and Air National Guard that will
be transferred into the Space Force, including, for
items currently in the Air National Guard, a breakdown
of assets by State.
(B) A timeline for the implementation of the
authorities provided by this title.
(C) An explanation of any units personnel billets,
equipment, and resources transferred between the
Regular Air Force, Air Force Reserve, Air National
Guard, and Space Force, including, for any assets
transferred into or out of the Air National Guard, a
breakdown of transfers by State.
(b) Personnel Protections.--
(1) In general.--In enacting the authorities provided by
this title, the Secretary of the Air Force shall not require
any currently serving member of the Air National Guard to
enlist or commission into the Space Force.
(2) Job placement.--The Secretary of the Air Force shall
provide employment opportunities within the Air National Guard
to any currently serving member of the Air National Guard who,
as a direct result of the enactment of this title, declines to
affiliate with the Space Force.
(3) Space force affiliation.--The Secretary of the Air
Force shall guarantee in writing that any member of the Air
National Guard who joins the Space Force as a result of the
enactment of this title will not lose rank or pay upon
transferring to the Space Force.
(c) National Guard Protections.--The Secretary of the Air Force
shall ensure that no State National Guard loses Federal resources,
including net personnel billets and Federal funding, as a result of the
enactment of the authorities provided by this title.
SEC. 1803. COMPREHENSIVE ASSESSMENT OF SPACE FORCE EQUITIES IN THE
NATIONAL GUARD.
(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a Federally funded research and development
center under which such center will conduct an independent study to
assess the feasibility and advisability of moving all units, personnel
billets, equipment, and resources performing core space functions,
under the operational control of the Space Force, or otherwise integral
to the Space Force mission that may exist in the National Guard and
into a single-component Space Force and provide to the Secretary a
report on the findings of the study. The conduct of such study shall
include the following elements:
(1) An analysis and recommendations associated with at
least the three following possible courses of action:
(A) Maintaining the current model in which the Air
National Guard has units and personnel performing core
space functions.
(B) Transitioning such units and personnel to the
Space Force.
(C) The creation of a new National Guard component
of the Space Force.
(2) A cost-benefit analysis for each of the analyzed
courses of action.
(3) With respect to the course of action described in
paragraph (1)(B), an analysis of the ideal personnel, units,
and resources that could be transitioned to the respective Air
National Guards of States that may lose space-related
personnel, units, and resources as a result of the
consolidation of space-related personnel, units, and resources
into the Space Force component.
(b) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement shall be completed by not later than February 1, 2025.
(c) Briefing and Report.--
(1) In general.--Upon completion of a study conducted under
an agreement entered into pursuant to subsection (a), the
Secretary shall provide to the Committees on Armed Services of
the Senate and House of Representatives a briefing and report
on the findings of the study, including a description of any
proposed personnel, unit, or resource realignments related to
the creation of the Space Force single component or recommended
by such study.
(2) Classification of report.--The report required under
paragraph (1) shall be submitted in unclassified form but may
include classified appendices as required.
Subtitle A--Space Force Military Personnel System Without Component
SEC. 1811. ESTABLISHMENT OF MILITARY PERSONNEL MANAGEMENT SYSTEM FOR
THE SPACE FORCE.
Title 10, United States Code, is amended by adding at the end the
following new subtitle:
``Subtitle F--Alternative Military Personnel Systems
``PART I--SPACE FORCE
``Chap.
``2001. Space Force Personnel System ....................... 20001
``2003. Status and Participation ........................... 20101
``2005. Officers............................................ 20201
``2007. Enlisted Members ................................... 20301
``2009. Retention and Separation Generally.................. 20401
``2011. Separation of Officers for Substandard Performance 20501
of Duty or for Certain Other
Reasons .
``2013. Retirement ......................................... 20601
``CHAPTER 2001--SPACE FORCE PERSONNEL SYSTEM
``Sec.
``20001. Single military personnel management system.
``20002. Members: duty status.
``20003. Members: minimum service requirement as applied to Space
Force.
``Sec. 20001. Single military personnel management system
``Members of the Space Force shall be managed through a single
military personnel management system, without component.''.
SEC. 1812. COMPOSITION OF THE SPACE FORCE WITHOUT COMPONENT.
(a) Composition of the Space Force.--Section 9081(b) of title 10,
United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (1), as so redesignated, by striking ``,
including'' and all that follows through ``emergency''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the certification by the Secretary of the
Air Force under section 1745.
SEC. 1813. DEFINITIONS FOR SINGLE PERSONNEL MANAGEMENT SYSTEM FOR THE
SPACE FORCE.
(a) Space Force Definitions.--Section 101 of title 10, United
States Code, is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Space Force.--The following definitions relating to members
of the Space Force apply in this title:
``(1) The term `Space Force active status' means the status
of a member of the Space Force who is not in a Space Force
inactive status and is not retired.
``(2) The term `Space Force inactive status' means the
status of a member of the Space Force who is designated by the
Secretary of the Air Force, under regulations prescribed by the
Secretary, as being in a Space Force inactive status.
``(3) The term `Space Force retired status' means the
status of a member of the Space Force who--
``(A) is receiving retired pay; or
``(B) but for being under the eligibility age
applicable under section 12731 of this title, would be
eligible for retired pay under chapter 1223 of this
title.
``(4) The term `sustained duty' means full-time duty by a
member of the Space Force ordered to such duty by an authority
designated by the Secretary of the Air Force--
``(A) in the case of an officer--
``(i) to fulfill the terms of an active-
duty service commitment incurred by the officer
under any provision of law; or
``(ii) with the consent of the officer; and
``(B) in the case of an enlisted member, with the
consent of the enlisted member as specified in the
terms of the member's enlistment or reenlistment
agreement.''.
(b) Amendments to Existing Duty Status Definitions.--Subsection (d)
of such section is amended--
(1) in paragraph (1), by inserting ``, including sustained
duty in the Space Force'' after ``United States''; and
(2) in paragraph (7), by inserting ``, or a member of the
Space Force,'' after ``Reserves'' both places it appears.
SEC. 1814. BASIC POLICIES RELATING TO SERVICE IN THE SPACE FORCE.
Chapter 2001 of title 10, United States Code, as added by section
1711, is amended by adding at the end the following new sections:
``Sec. 20002. Members: duty status
``Under regulations prescribed by the Secretary of the Air Force,
each member of the Space Force shall be placed in one of the following
duty statuses:
``(1) Space Force active status.
``(2) Space Force inactive status.
``(3) Space Force retired status.
``Sec. 20003. Members: minimum service requirement as applied to Space
Force
``(a) Inapplicability of Active/reserve Service Distinction.--In
applying section 651 of this title to a person who becomes a member of
the Space Force, the provisions of the second sentence of subsection
(a) and of subsection (b) of that section (relating to service in a
reserve component) are inapplicable.
``(b) Treatment Upon Transfer Out of Space Force.--A member of the
Space Force who transfers to one of the other armed forces before
completing the service required by subsection (a) of section 651 of
this title shall upon such transfer be subject to section 651 of this
title in the same manner as if such member had initially entered the
armed force to which the member transfers.''.
SEC. 1815. STATUS AND PARTICIPATION.
Subtitle F of title 10, United States Code, as added by section
1711, is amended by adding at the end the following new chapter:
``CHAPTER 2003--STATUS AND PARTICIPATION
``Sec.
``20101. Members in Space Force active status: amount of annual
training or active duty service required.
``20102. Individual ready guardians: designation; mobilization
category.
``20103. Members not on sustained duty: agreements concerning
conditions of service.
``20104. Orders to active duty: with consent of member.
``20105. Sustained duty.
``20106. Orders to active duty: without consent of member.
``20107. Transfer to inactive status: initial service obligation not
complete.
``20108. Members of Space Force: credit for service for purposes of
laws providing pay and benefits for
members, dependents, and survivors.
``20109. Policy for order to active duty based upon determination by
Congress.
``Sec. 20101. Members in Space Force active status: amount of annual
training or active duty service required
``Except as specifically provided in regulations prescribed by the
Secretary of Defense, a member of the Space Force in a Space Force
active status who is not serving on sustained duty shall be required
to--
``(1) participate in at least 48 scheduled drills or
training periods during each year and serve on active duty for
not less than 14 days (exclusive of travel time) during each
year; or
``(2) serve on active duty for not more than 30 days during
each year.
``Sec. 20102. Individual ready guardians: designation; mobilization
category
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, the Secretary of the Air Force may designate a member of the
Space Force in a Space Force active status as an Individual Ready
Guardian.
``(b) Mobilization Category.--
``(1) In general.--Among members of the Space Force
designated as Individual Ready Guardians, there is a category
of members (referred to as a `mobilization category') who, as
designated by the Secretary of the Air Force, are subject to
being ordered to active duty without their consent in
accordance with section 20106(a) of this title.
``(2) Limitations on placement in mobilization category.--A
member designated as an Individual Ready Guardian may not be
placed in the mobilization category referred to in paragraph
(1) unless--
``(A) the member volunteers to be placed in that
mobilization category; and
``(B) the member is selected by the Secretary of
the Air Force, based upon the needs of the Space Force
and the grade and military skills of that member.
``(3) Limitation on time in mobilization category.--A
member of the Space Force in a Space Force active status may
not remain designated an Individual Ready Guardian in such
mobilization category after the end of the 24-month period
beginning on the date of the separation of the member from
active service.
``(4) Designation of grades and military skills or
specialties.--The Secretary of the Air Force shall designate
the grades and military skills or specialties of members to be
eligible for placement in such mobilization category.
``(5) Benefits.--A member in such mobilization category
shall be eligible for benefits (other than pay and training) on
the same basis as are available to members of the Individual
Ready Reserve who are in the special mobilization category
under section 10144(b) of this title, as determined by the
Secretary of Defense.
``Sec. 20103. Members not on sustained duty: agreements concerning
conditions of service
``(a) Agreements.--The Secretary of the Air Force may enter into a
written agreement with a member of the Space Force not on sustained
duty--
``(1) requiring the member to serve on active duty for a
definite period of time;
``(2) specifying the conditions of the member's service on
active duty; and
``(3) for a member serving in a Space Force inactive
status, specifying the conditions for the member's continued
service as well as order to active duty with and without the
consent of the member.
``(b) Conditions of Service.--An agreement under subsection (a)
shall specify the conditions of service. The Secretary of the Air Force
shall prescribe regulations establishing--
``(1) what conditions of service may be specified in the
agreement;
``(2) the obligations of the parties; and
``(3) the consequences of failure to comply with the terms
of the agreement.
``(c) Authority for Retention on Active Duty During War or National
Emergency.--If the period of service on active duty of a member under
an agreement under subsection (a) expires during a war or during a
national emergency declared by Congress or the President, the member
concerned may be kept on active duty, without the consent of the
member, as otherwise prescribed by law.
``Sec. 20104. Orders to active duty: with consent of member
``(a) Authority.--A member of the Space Force who is serving in a
Space Force active status and is not on sustained duty, or who is
serving in a Space Force inactive status, may, with the consent of the
member, be ordered to active duty, or retained on active duty, under
the following sections of chapter 1209 of this title in the same manner
as applies to a member of a reserve component ordered to active duty,
or retained on active duty, under that section with the consent of the
member:
``(1) Section 12301(d), relating to orders to active duty
at any time with the consent of the member.
``(2) Section 12301(h), relating to orders to active duty
in connection with medical or health care matters.
``(3) Section 12322, relating to active duty for health
care.
``(4) Section 12323, relating to active duty pending line
of duty determination required for response to sexual assault.
``(b) Applicable Provisions of Law.--The following sections of
chapter 1209 of this title pertaining to a member of a reserve
component ordered to active duty with the consent of the member apply
to a member of the Space Force who is ordered to active duty under this
section in the same manner as to such a reserve component member:
``(1) Section 12308, relating to retention after becoming
qualified for retired pay.
``(2) Section 12309, relating to use of Reserve officers in
expansion of armed forces.
``(3) Section 12313, relating to release of reserve members
from active duty.
``(4) Section 12314, relating to kinds of duty.
``(5) Section 12315, relating to duty with or without pay.
``(6) Section 12316, relating to payment of certain
Reserves while on duty.
``(7) Section 12318, relating to duties and funding of
reserve members on active duty.
``(8) Section 12320, relating to grade in which ordered to
active duty.
``(9) Section 12321, relating to a limitation on number of
reserve members assigned to Reserve Officer Training Corps
units.
``Sec. 20105. Sustained duty
``(a) Enlisted Members.--An authority designated by the Secretary
of the Air Force may order an enlisted member of the Space Force in a
Space Force active status to sustained duty, or retain an enlisted
member on sustained duty, with the consent of that member, as specified
in the terms of the member's enlistment or reenlistment agreement.
``(b) Officers.--(1) An authority designated by the Secretary of
the Air Force may order a Space Force officer in a Space Force active
status to sustained duty--
``(A) with the consent of the officer; or
``(B) to fulfill the terms of an active-duty service
commitment incurred by the officer under any provision of law.
``(2) An officer ordered to sustained duty under paragraph (1) may
not be released from sustained duty without the officer's consent
except as provided in chapter 2009 or 2011 of this title.
``Sec. 20106. Orders to active duty: without consent of member
``(a) Members in a Space Force Active Status.--(1) A member of the
Space Force in a Space Force active status who is not on sustained
duty, may, without the consent of the member, be ordered to active duty
or inactive duty in the same manner as a member of a reserve component
ordered to active duty or inactive duty under the provisions of chapter
1209 of this title and any other provision of law authorizing the order
to active duty of a member of a reserve component in an active status
without the consent of the member.
``(2) The provisions of chapter 1209 of this title, or other
applicable provisions of law, pertaining to a member of the Ready
Reserve when ordered to active duty shall apply to a member of the
Space Force who is in a Space Force active status when ordered to
active duty under paragraph (1).
``(3) The provisions of section 12304 of this title pertaining to
members in the Individual Ready Reserve mobilization category shall
apply to a member of the Space Force who is designated an Individual
Ready Guardian when ordered to active duty who meets the provisions of
section 20102(b) of this title.
``(b) Members in a Space Force Inactive Status.--(1) A member of
the Space Force in a Space Force inactive status may be ordered to
active duty under--
``(A) the provisions of chapter 1209 of this title;
``(B) any other provision of law authorizing the order to
active duty of a member of a reserve component in an inactive
status; and
``(C) the terms of any agreement entered into by the member
under section 20103 of this title.
``(2) The provisions of chapter 1209 of this title, or other
applicable provisions of law, pertaining to the Standby Reserve shall
apply to a member of the Space Force who is in a Space Force inactive
service when ordered to active duty.
``(c) Members in a Space Force Retired Status.--(1) Chapters 39 and
1209 of this title include provisions authorizing the order to active
duty of a member of the Space Force in a Space Force retired status.
``(2) The provisions of sections 688, 688a, and 12407 of this title
pertaining to a retired member or a member of the Retired Reserve shall
apply to a member of the Space Force in a Space Force retired status
when ordered to active duty.
``(3) The provisions of section 689 of this title pertaining to a
retired member ordered to active duty shall apply to a member of the
Space Force in a Space Force retired status who is ordered to active
duty.
``(d) Other Applicable Provisions.--The following provisions of
chapter 1209 of this title pertaining shall apply to a member of the
Space Force ordered to active duty in the same manner as to a Reserve
or member of the Retired Reserve ordered to active duty:
``(1) Section 12305, relating to the authority of the
President to suspend certain laws relating to promotion,
retirement, and separation.
``(2) Section 12308, relating to retention after becoming
qualified for retired pay.
``(3) Section 12313, relating to release from active duty.
``(4) Section 12314, relating to kinds of duty.
``(5) Section 12315, relating to duty with or without pay.
``(6) Section 12316, relating to payment of certain
Reserves while on duty.
``(7) Section 12317, relating to theological students;
limitations.
``(8) Section 12320, relating to grade in which ordered to
active duty.
``Sec. 20107. Transfer to inactive status: initial service obligation
not complete
``(a) General Rule.--A member of the Space Force who has not
completed the required minimum service obligation referred to in
section 20003 of this title shall, if terminating Space Force active
status, be transferred to a Space Force inactive status and, unless
otherwise designated an Individual Ready Guardian under section 20102
of this title, shall remain subject to order to active duty without the
member's consent under section 20106 of this title.
``(b) Exception.--Subsection (a) does not apply to a member who is
separated from the Space Force by the Secretary of the Air Force under
section 20503 of this title.
``Sec. 20108. Members of Space Force: credit for service for purposes
of laws providing pay and benefits for members,
dependents, and survivors
``For the purposes of laws providing pay and benefits for members
of the Armed Forces and their dependents and beneficiaries:
``(1) Military training, duty, or other service performed
by a member of the Space Force in a Space Force active status
not on sustained duty shall be considered military training,
duty, or other service, as the case may be, as a member of a
reserve component.
``(2) Sustained duty performed by a member of the Space
Force under section 20105 of this title shall be considered
active duty as a member of a regular component.
``(3) Active duty performed by a member of the Space Force
in a Space Force active status not on sustained duty shall be
considered active duty as a member of a reserve component.
``(4) Inactive-duty training performed by a member of the
Space Force shall be considered inactive-duty training as a
member of a reserve component.
``Sec. 20109. Policy for order to active duty based upon determination
by Congress
``Whenever Congress determines that more units and organizations
capable of conducting space operations are needed for the national
security than are available among those units comprised of members of
the Space Force serving on active duty, members of the Space Force not
serving on active duty shall be ordered to active duty and retained as
long as so needed.''.
SEC. 1816. OFFICERS.
(a) Original Appointments.--Subtitle F of title 10, United States
Code, as amended by section 1715, is further amended by adding at the
end the following new chapter:
``CHAPTER 2005--OFFICERS
``Subchapter Sec.
``I. Original appointments.................................. 20201
``II. Selection boards...................................... 20211
``III. Promotions........................................... 20231
``IV. Persons not considered for promotion and other 20241
promotion-related provisions.
``V. Applicability of other laws............................ 20251
``SUBCHAPTER I--ORIGINAL APPOINTMENTS
``Sec.
``20201. Original appointments: how made.
``20202. Original appointments: qualifications.
``20203. Original appointments: service credit.
``Sec. 20201. Original appointments: how made
``The provisions of section 531 of this title shall apply to
original appointments of commissioned officers in the Space Force.
``Sec. 20202. Original appointments: qualifications
``(a) In General.--An original appointment as a commissioned
officer in the Space Force may be given only to a person who--
``(1) is a citizen of the United States;
``(2) is at least 18 years of age; and
``(3) has such other physical, mental, moral, professional,
and age qualifications as the Secretary of the Air Force may
prescribe by regulation.
``(b) Exception.--A person who is otherwise qualified, but who has
a physical condition that the Secretary of the Air Force determines
will not interfere with the performance of the duties to which that
person may be assigned, may be appointed as an officer in the Space
Force.
``Sec. 20203. Original appointments: service credit
``The provisions of section 533 of this title shall apply to the
crediting of prior active commissioned service for original
appointments of commissioned officers.''.
(b) Conforming Amendments Relating to Original Appointments.--
(1) Definitions.--Section 101 of title 10, United States
Code, is amended in subsection (b)(10) by inserting before the
period at the end the following: ``and, with respect to the
appointment of a member of the armed forces in the Space Force,
refers to that member's most recent appointment in the Space
Force that is neither a promotion nor a demotion''.
(2) Original appointments of commissioned officers.--
Section 531 of such title is amended by striking ``Regular''
before ``Space Force'' each place it appears.
(3) Qualifications for original appointment as a
commissioned officer.--Section 532(a) of such title is amended
by striking ``Regular Marine Corps, or Regular Space Force''
and inserting ``or Regular Marine Corps''.
(4) Service credit upon original appointment as a
commissioned officer.--Section 533 of such title is amended by
striking ``Regular'' before ``Space Force'' each place it
appears.
(c) Selection Boards and Promotions.--Chapter 205 of title 10,
United States Code, as added by subsection (a), is amended by adding at
the end the following new subchapters:
``SUBCHAPTER II--SELECTION BOARDS
``Sec.
``20211. Convening of selection boards.
``20212. Composition of selection boards.
``20213. Notice of convening of selection boards.
``20214. Information furnished to selection boards.
``20215. Recommendations for promotion by selection boards.
``20216. Reports of selection boards.
``20217. Action on reports of selection boards for promotion to
brigadier general or major general.
``Sec. 20211. Convening of selection boards
``(a) In General.--Whenever the needs of the service require, the
Secretary of the Air Force shall convene selection boards to recommend
for promotion to the next higher permanent grade officers of the Space
Force in each permanent grade from first lieutenant through brigadier
general.
``(b) Exception for Officers in Grade of First Lieutenant.--
Subsection (a) does not require the convening of a selection board in
the case of Space Force officers in the permanent grade of first
lieutenant when the Secretary of the Air Force recommends for promotion
to the grade of captain under section 20238(a)(4)(A) of this title all
such officers whom the Secretary finds to be fully qualified for
promotion.
``(c) Section 20404 Selection Boards.--The Secretary of the Air
Force may convene selection boards to recommend officers for early
retirement under section 20404(a) of this title or for discharge under
section 20404(b) of this title.
``(d) Regulations.--The convening of selection boards under
subsection (a) shall be under regulations prescribed by the Secretary
of the Defense.
``Sec. 20212. Composition of selection boards --
``(a) Appointment and Composition of Boards.--
``(1) In general.--Members of a selection board shall be
appointed by the Secretary of Air Force in accordance with this
section. A selection board shall consist of five or more
officers of the Space Force. Each member of a selection board
must be serving in a grade higher than the grade of the
officers under consideration by the board, except that no
member of a board may be serving in a grade below major. The
members of a selection board shall include at least one member
serving on sustained duty and at least one member in a Space
Force active status who is not serving on sustained duty. The
ratio of the members of a selection board serving on sustained
duty to members serving in a Space Force active status not on
sustained duty shall, to the extent practicable, reflect the
ratio of officers serving in each of those statuses who are
being considered for promotion by the board. The members of a
selection board shall represent the diverse population of the
Space Force to the extent practicable.
``(2) Representation from competitive categories.--(A)
Except as provided in subparagraph (B), a selection board shall
include at least one officer from each competitive category of
officers to be considered by the board.
``(B) A selection board need not include an officer from a
competitive category when there are no officers of that
competitive category on the Space Force officer list in a grade
higher than the grade of the officers to be considered by the
board and eligible to serve on the board.
``(3) Retired officers.--If qualified officers on the Space
Force officer list are not available in sufficient number to
comprise a selection board, the Secretary of the Air Force
shall complete the membership of the board by appointing as
members of the board--
``(A) Space Force officers who hold a grade higher
than the grade of the officers under consideration by
the board and who are retired officers; and
``(B) if sufficient Space Force officers are not
available pursuant to subparagraph (A), Air Force
officers who hold a grade higher than the grade of the
officers under consideration by the board and who are
retired officers, but only if the Air Force officer to
be appointed to the board has served in a space-related
career field of the Air Force for sufficient time such
that the Secretary of the Air Force determines that the
retired Air Force officer has adequate knowledge
concerning the standards of performance and conduct
required of an officer of the Space Force.
``(4) Exclusion of retired general officers on active duty
to serve on a board from numeric general officer active-duty
limitations.--A retired general officer who is on active duty
for the purpose of serving on a selection board shall not,
while so serving, be counted against any limitation on the
number of general and flag officers who may be on active duty.
``(b) Limitation on Membership on Consecutive Boards.--
``(1) General rule.--Except as provided in paragraph (2),
no officer may be a member of two successive selection boards
convened under section 20211 of this title for the
consideration of officers of the same grade.
``(2) Exception for general officer boards.--Paragraph (1)
does not apply with respect to selection boards convened under
section 20211 of this title for the consideration of officers
in the grade of colonel or brigadier general.
``(c) Joint Qualified Officers.--(1) Each selection board convened
under section 20211 of this title that will consider an officer
described in paragraph (2) shall include at least one officer
designated by the Chairman of the Joint Chiefs of Staff who is a joint
qualified officer.
``(2) Paragraph (1) applies with respect to an officer who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) The Secretary of Defense may waive the requirement in
paragraph (1) for any selection board of the Space Force.
``Sec. 20213. Notice of convening of selection boards
``(a) Notice to Eligible Officers.--At least 30 days before a
selection board is convened under section 20211 of this title to
recommend officers in a grade for promotion to the next higher grade,
the Secretary of the Air Force shall--
``(1) notify in writing the officers eligible for
consideration for promotion of the date on which the board is
to convene and the name and date of rank of the junior officer,
and of the senior officer, in the promotion zone as of the date
of the notification; or
``(2) issue a general written notice to the Space Force
regarding the convening of the board which shall include the
convening date of the board and the name and date of rank of
the junior officer, and of the senior officer, in the promotion
zone as of the date of the notification.
``(b) Communication From Officers.--An officer eligible for
consideration by a selection board convened under section 20211 of this
title (other than an officer who has been excluded under section
20231(d) of this title from consideration by the board) may send a
written communication to the board, to arrive not later than 10
calendar days before the date on which the board convenes, calling
attention to any matter concerning the officer that the officer
considers important to the officer's case. The selection board shall
give consideration to any timely communication under this subsection.
``(c) Notice of Intent of Certain Officers To Serve on or Off
Active Duty.--An officer on the Space Force officer list in the grade
of colonel or brigadier general who receives a notice under subsection
(a) shall inform the Secretary of the officer's preference to serve
either on or off active duty if promoted to the grade of brigadier
general or major general, respectively.
``Sec. 20214. Information furnished to selection boards
``The provisions of section 615 of this title shall apply to
information furnished to selection boards.
``Sec. 20215. Recommendations for promotion by selection boards
``The provisions of section 616 of this title shall apply to
recommendations for promotion by selection boards.
``Sec. 20216. Reports of selection boards
``The provisions of section 617 of this title shall apply to
reports of selection boards.
``Sec. 20217. Action on reports of selection boards for promotion to
brigadier general or major general
``The provisions of section 618 of this title shall apply to action
on reports of selection boards.
``SUBCHAPTER III--PROMOTIONS
``Sec.
``20231. Eligibility for consideration for promotion: time-in-grade and
other requirements.
``20232. Eligibility for consideration for promotion: designation as
joint qualified officer required before
promotion to brigadier general; exceptions.
``20233. Opportunities for consideration for promotion.
``20234. Space Force officer list.
``20235. Competitive categories.
``20236. Numbers to be recommended for promotion.
``20237. Establishment of promotion zones.
``20238. Promotions: how made; authorized delay of promotions.
``Sec. 20231. Eligibility for consideration for promotion: time-in-
grade and other requirements
``(a) Time-in-grade Requirements.--(1) An officer who is in a Space
Force active status on the Space Force officer list and holds a
permanent appointment in the grade of second lieutenant or first
lieutenant may not be promoted to the next higher permanent grade until
the officer has completed the following period of service in the grade
in which the officer holds a permanent appointment:
``(A) Eighteen months, in the case of an officer holding a
permanent appointment in the grade of second lieutenant.
``(B) Two years, in the case of an officer holding a
permanent appointment in the grade of first lieutenant.
``(2) Subject to paragraph (5), an officer who is in a Space Force
active status on the Space Force officer list and holds a permanent
appointment in a grade above first lieutenant may not be considered for
selection for promotion to the next higher permanent grade until the
officer has completed the following period of service in the grade in
which the officer holds a permanent appointment:
``(A) Three years, in the case of an officer holding a
permanent appointment in the grade of captain, major, or
lieutenant colonel.
``(B) One year, in the case of an officer holding a
permanent appointment in the grade of colonel or brigadier
general.
``(3) When the needs of the service require, the Secretary of the
Air Force may prescribe a longer period of service in grade for
eligibility for promotion, in the case of officers to whom paragraph
(1) applies, or for eligibility for consideration for promotion, in the
case of officers to whom paragraph (2) applies.
``(4) When the needs of the service require, the Secretary of the
Air Force may prescribe a shorter period of service in grade, but not
less than two years, for eligibility for consideration for promotion,
in the case of officers designated for limited duty to whom paragraph
(2) applies.
``(5) The Secretary of the Air Force may waive paragraph (2) to the
extent necessary to assure that officers described in subparagraph (A)
of such paragraph have at least two opportunities for consideration for
promotion to the next higher grade as officers below the promotion
zone.
``(6) In computing service in grade for purposes of this section,
service in a grade held as a result of assignment to a position is
counted as service in the grade in which the officer would have served
except for such assignment or appointment.
``(b) Continued Eligibility for Consideration for Promotion of
Officers Who Have Previously Failed of Selection.--(1) Except as
provided in paragraph (2), an officer who has failed of selection for
promotion to the next higher grade remains eligible for consideration
for promotion to that grade as long as the officer continues on active
duty in other than a retired status and is not promoted.
``(2) Paragraph (1) does not apply to an officer on active status
who is ineligible for consideration for promotion under section 631(c)
of this title for the second time.
``(c) Officers To Be Considered by Promotion Boards.--(1) Each time
a selection board is convened under section 20211 of this title for
consideration of officers in a competitive category for promotion to
the next higher grade, each officer in the promotion zone (except as
provided under paragraph (2)), and each officer above the promotion
zone, for the grade and competitive category under consideration shall
be considered for promotion.
``(2) The Secretary of the Air Force--
``(A) may, in accordance with standards and procedures
prescribed by the Secretary of Defense in regulations which
shall apply uniformly among the military departments, limit the
officers to be considered by a selection board from below the
promotion zone to those officers who are determined to be
exceptionally well qualified for promotion;
``(B) may, by regulation, prescribe a period of time, not
to exceed one year, from the time an officer on the Space Force
officer list transfers on or off of sustained duty during which
the officer shall be ineligible for consideration for
promotion; and
``(C) may, by regulation, preclude from consideration by a
selection board by which the officer would otherwise be
eligible to be considered, an officer who has an established
separation date that is within 90 days after the date on which
the board is to be convened.
``(3)(A) The Secretary of Defense may authorize the Secretary of
the Air Force to preclude from consideration by selection boards for
promotion to the grade of brigadier general, officers in the grade of
colonel who--
``(i) have been considered and not selected for promotion
to the grade of brigadier general or by at least two selection
boards; and
``(ii) are determined, in accordance with standards and
procedures prescribed pursuant to subparagraph (B), as not
being exceptionally well qualified for promotion.
``(B) If the Secretary of Defense authorizes the Secretary of the
Air Force to have the authority described in subparagraph (A), the
Secretary shall prescribe by regulation the standards and procedures
for the exercise of such authority. Those regulations shall apply
uniformly among the military departments and shall include the
following provisions:
``(i) A requirement that the Secretary of the Air Force may
exercise such authority in the case of a particular selection
board only if the Secretary of Defense approves the exercise of
that authority for that board.
``(ii) A requirement that an officer may be precluded from
consideration by a selection board under this paragraph only
upon the recommendation of a preselection board of officers
convened by the Secretary of the military department concerned
and composed of at least three officers all of whom are serving
in a grade higher than the grade of such officer.
``(iii) A requirement that such a preselection board may
not recommend that an officer be precluded from such
consideration unless the Secretary of the Air Force has given
the officer advance written notice of the convening of such
board and of the military records that will be considered by
the board and has given the officer a reasonable period before
the convening of the board in which to submit comments to the
board.
``(iv) A requirement that the Secretary of the Air Force
shall provide general guidance to the board in accordance with
standards and procedures prescribed by the Secretary of Defense
in those regulations.
``(v) A requirement that the preselection board may
recommend that an officer be precluded from consideration by a
selection board only on the basis of the general guidance
provided by the Secretary Air Force, information in the
officer's official military personnel records that has been
described in the notice provided the officer as required
pursuant to clause (iii), and any communication to the board
received from that officer before the board convenes.
``(d) Certain Officers Not To Be Considered.--A selection board
convened under section 20211 of this title may not consider for
promotion to the next higher grade any of the following officers:
``(1) An officer whose name is on a promotion list for that
grade as a result of the officer's selection for promotion to
that grade by an earlier selection board convened under that
section.
``(2) An officer who is recommended for promotion to that
grade in the report of an earlier selection board convened
under that section, in the case of such a report that has not
yet been approved by the President.
``(3) An officer in the grade of first lieutenant who is on
an approved all-fully-qualified-officers list under section
20238(a)(4) of this title.
``(4) An officer in the grade of captain who is not a
citizen of the United States.
``(5) An officer excluded under subsection (e).
``(e) Authority To Allow Officers To Opt Out of Selection Board
Consideration.--(1) The Secretary of the Air Force may provide that an
officer on the Space Force officer list may, upon the officer's request
and with the approval of the Secretary, be excluded from consideration
by a selection board convened under section 20211 of this title to
consider officers for promotion to the next higher grade.
``(2) The Secretary of the Air Force may only approve a request
under paragraph (1) if--
``(A)(i) the basis for the request is to allow an officer
to complete a broadening assignment, advanced education,
another assignment of significant value to the Department, a
career progression requirement delayed by the assignment or
education;
``(ii) the Secretary determines the exclusion from
consideration is in the best interest of the Space Force; and
``(iii) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration; or
``(B)(i) the officer is serving in a critical skill
position that cannot be filled by another Space Force officer
serving in the same grade;
``(ii) the Secretary determines that it is in the best
interests of the Space Force for the officer to continue to
serve in their current position and grade; and
``(iii) the officer has not previously opted out of a
promotion board under this authority.
``Sec. 20232. Eligibility for consideration for promotion: designation
as joint qualified officer required before promotion to
brigadier general; exceptions
``The provisions of section 619a of this title shall apply to
officers of the Space Force.
``Sec. 20233. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for Consideration
for Promotion.--Under regulations prescribed by the Secretary of
Defense, the Secretary of the Air Force shall specify the number of
opportunities for consideration for promotion to be afforded to Space
Force officers for promotion to each grade above the grade of captain.
``(b) Limitation on Number of Opportunities That May Be
Specified.--The number of opportunities for consideration for promotion
to be afforded officers of the Space Force for promotion to a
particular grade may not exceed five.
``(c) Limited Authority of Secretary of the Air Force To Modify
Number of Opportunities.--The Secretary of the Air Force may change the
number of opportunities for consideration for promotion to a particular
grade not more frequently than once every five years.
``(d) Authority of Secretary of Defense To Modify Number of
Opportunities.--The Secretary of Defense may modify the number of
opportunities for consideration for promotion to be afforded officers
of the Space Force for promotion to a particular grade.
``Sec. 20234. Space Force officer list
``(a) Single List.--The Secretary of the Air Force shall maintain a
single list of all Space Force officers serving in a Space Force active
status. The list shall be known as the Space Force officer list.
``(b) Order of Officers on List.--Officers shall be carried on the
Space Force officer list in the order of seniority of the grade in
which they are serving. Officers serving in the same grade shall be
carried in the order of their rank in that grade.
``(c) Effect of Service in a Temporary Appointment.--An officer
whose position on the Space Force officer list results from service
under a temporary appointment or in a grade held by reason of
assignment to a position has, when that appointment or assignment ends,
the grade and position on the Space Force officer list that the officer
would have held if the officer had not received that appointment or
assignment.
``Sec. 20235. Competitive categories
``(a) Requirement To Establish Competitive Categories for
Promotion.--Under regulations prescribed by the Secretary of Defense,
the Secretary of the Air Force shall establish at least one competitive
category for promotion for officers on the Space Force officer list.
Each officer whose name appears on the Space Force officer list shall
be carried in a competitive category of officers. Officers in the same
competitive category shall compete among themselves for promotion.
``(b) Single Competitive Category for Promotion to General Officer
Grades.--The Secretary of the Air Force shall establish a single
competitive category for all officers on the Space Force officer list
who will be considered by a selection board convened under section
20211 of this title for promotion to the grade of brigadier general or
major general.
``Sec. 20236. Numbers to be recommended for promotion
``(a) Promotion to Grades Below Brigadier General.--(1) Before
convening a selection board under section 20211 of this title to
consider officers for recommendation for promotion to a grade below
brigadier general and in any competitive category, the Secretary of the
Air Force shall determine--
``(A) the number of positions needed to accomplish mission
objectives which require officers of that competitive category
in the grade to which the board will recommend officers for
promotion;
``(B) the estimated number of officers needed to fill
vacancies in those positions during the period in which it is
anticipated that officers selected for promotion will be
promoted; and
``(C) the number of officers in a Space Force active status
authorized by the Secretary of the Air Force to serve both on
sustained duty and not on sustained duty in the grade and
competitive category under consideration.
``(2) Based on the determinations under paragraph (1), the
Secretary of the Air Force shall determine the maximum number of
officers in that competitive category which the selection board may
recommend for promotion.
``(b) Promotion to Brigadier General and Major General.--(1) Before
convening a selection board under section 20211 of this title to
consider officers for recommendation for promotion to the grade of
brigadier general or major general, the Secretary of the Air Force
shall determine--
``(A) the number of positions needed to accomplish mission
objectives which require officers serving in a Space Force
active status on sustained duty, and in a Space Force active
status not on sustained duty, in the grade to which the board
will recommend officers for promotion; and
``(B) the estimated number of officers on sustained duty
and not on sustained duty needed to fill vacancies in those
positions over the 24-month period beginning on the date on
which the selection board convenes.
``(2) Based on the determinations under paragraph (1), the
Secretary of the Air Force shall determine the maximum number of
officers serving in a Space Force active status on sustained duty, and
the maximum number of officers serving in a Space Force active status
not on sustained duty, which the selection board may recommend for
promotion.
``Sec. 20237. Establishment of promotion zones
``(a) In General.--Before convening a selection board under section
20211 of this title to consider officers for promotion to any grade
above first lieutenant or lieutenant (junior grade), the Secretary of
the Air Force shall establish a promotion zone for officers serving in
each grade and competitive category to be considered by the board.
``(b) Determination of Number.--The Secretary of the Air Force
shall determine the number of officers in the promotion zone for
officers serving in any grade and competitive category from among
officers who are eligible for promotion in that grade and competitive
category. Such determination shall be made on the basis of an estimate
of--
``(1) the number of officers needed in that competitive
category in the next higher grade in each of the next five
years;
``(2) the number of officers to be serving in that
competitive category in the next higher grade in each of the
next five years;
``(3) in the case of a promotion zone for officers to be
promoted to a grade to which section 523 of this title is
applicable, the number of officers authorized for such grade
under such section to be on active duty on the last day of each
of the next five fiscal years; and
``(4) the number of officers that should be placed in that
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunity for
promotion.
``Sec. 20238. Promotions: how made; authorized delay of promotions
``(a) Procedure for Promotion of Officers on an Approved Promotion
List.--
``(1) Placement of names on promotion list.--When the
report of a selection board convened under section 20211 of
this title is approved by the President, the Secretary of the
Air Force shall place the names of all officers approved for
promotion within a competitive category on a single list for
that competitive category, to be known as a promotion list, in
the order of the seniority of such officers on the list or
based on particular merit, as determined by the promotion
board. A promotion list is considered to be established under
this section as of the date of the approval of the report of
the selection board under the preceding sentence.
``(2) Order and timing of promotions.--Except as provided
in subsection (d), officers on a promotion list for a
competitive category shall be promoted to the next higher grade
when additional officers in that grade and competitive category
are needed. Promotions shall be made in the order in which the
names of officers appear on the promotion list and after
officers previously selected for promotion in that competitive
category have been promoted. Officers to be promoted to the
grade of first lieutenant shall be promoted in accordance with
regulations prescribed by the Secretary of the Air Force.
``(3) Limitation on promotions to general officer grades to
comply with strength limitations.--Under regulations prescribed
by the Secretary of Defense, the promotion of an officer on the
Space Force officer list to a general officer grade shall be
delayed if that promotion would cause any strength limitation
of section 526 of this title to be exceeded. The delay shall
expire when the Secretary of the Air Force determines that the
delay is no longer required to ensure compliance with the
strength limitation.
``(4) Promotion of first lieutenants on an all-fully-
qualified officers list.--(A) Except as provided in subsection
(d), officers on the Space Force officer list in the grade of
first lieutenant who are on an approved all-fully-qualified-
officers list shall be promoted to the grade of captain in
accordance with regulations prescribed by the Secretary of the
Air Force.
``(B) An all-fully-qualified-officers list shall be
considered to be approved for purposes of subparagraph (A) when
the list is approved by the President. When so approved, such a
list shall be treated in the same manner as a promotion list
under this chapter.
``(C) The Secretary of the Air Force may make a
recommendation to the President for approval of an all-fully-
qualified-officers list only when the Secretary determines that
all officers on the list are needed in the next higher grade to
accomplish mission objectives.
``(D) For purposes of this paragraph, an all-fully-
qualified-officers list is a list of all officers on the Space
Force officers list in a grade who the Secretary of the Air
Force determines--
``(i) are fully qualified for promotion to the next
higher grade; and
``(ii) would be eligible for consideration for
promotion to the next higher grade by a selection board
convened under section 20211 of this title upon the
convening of such a board.
``(E) If the Secretary of the Air Force determines that one
or more officers or former officers were not placed on an all-
fully-qualified-list under this paragraph because of
administrative error, the Secretary may prepare a supplemental
all-fully-qualified-officers list containing the names of any
such officers for approval in accordance with this paragraph.
``(b) Date of Rank.--The date of rank of an officer appointed to a
higher grade under this section is determined under section 741(d) of
this title.
``(c) Appointment Authority.--Appointments under this section shall
be made by the President, by and with the advice and consent of the
Senate, except that appointments under this section in the grade of
first lieutenant or captain shall be made by the President alone.
``(d) Authority To Delay Appointments for Specified Reasons.--The
provisions of subsection (d) of section 624 of this title shall apply
to the appointment of an officer under this section in the same manner
as they apply to an appointment of an officer under that section, and
any reference in that subsection to an active-duty list shall be
treated for purposes of applicability to an officer of the Space Force
as referring to the Space Force officer list.
``SUBCHAPTER IV--PERSONS NOT CONSIDERED FOR PROMOTION AND OTHER
PROMOTION-RELATED PROVISIONS
``Sec.
``20241. Persons not considered for promotion and other promotion-
related provisions.
``Sec. 20241. Persons not considered for promotion and other promotion-
related provisions
``Subchapter III of chapter 36 of this title shall apply to
officers of the Space Force.
``SUBCHAPTER V--APPLICABILITY OF OTHER LAWS
``Sec.
``20251. Applicability of certain DOPMA officer personnel policy
provisions.
``Sec. 20251. Applicability of certain DOPMA officer personnel policy
provisions
``Except as otherwise modified or provided for in this chapter, the
following provisions of chapter 36 of this title (relating to
promotion, separation, and involuntary retirement of officers on the
active-duty list) shall apply to Space Force officers and officer
promotions:
``(1) Subchapter I (relating to selection boards).
``(2) Subchapter II (relating to promotions).
``(3) Subchapter III (relating to failure of selection for
promotion and retirement for years of service).
``(4) Subchapter IV (relating to continuation on active
duty and selective early retirement).
``(5) Subchapter V (additional provisions relating to
promotion, separation, and retirement).
``(6) Subchapter VI (relating to alternative promotion
authority for officers in designated competitive
categories).''.
(d) Temporary (``brevet'') Promotions for Officers With Critical
Skills.--Section 605 of title 10, United States Code, is amended as
follows:
(1) Coverage of space force officers.--Subsections (a),
(b)(2)(A), (f)(1), and (f)(2) are amended by striking ``or
Marine Corps,'' each place it appears and inserting ``Marine
Corps, or Space Force,''.
(2) Disaggregation of air force maximum numbers.--
Subsection (g) is amended--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by striking paragraph (2) and inserting the
following new paragraphs (2) and (3):
``(2) In the case of the Air Force--
``(A) as captain, 95;
``(B) as major, 305;
``(C) as lieutenant colonel, 165; and
``(D) as colonel, 75.
``(3) In the case of the Space Force--
``(A) as captain, 5;
``(B) as major, 20;
``(C) as lieutenant colonel, 10; and
``(D) as colonel, 5.''.
SEC. 1817. ENLISTED MEMBERS.
(a) In General.--Subtitle F of title 10, United States Code, as
amended by section 1716, is further amended by adding at the end the
following new chapter:
``CHAPTER 2007--ENLISTED MEMBERS
``Sec.
``20301. Original enlistments: qualifications; grade.
``20302. Enlisted members: term of enlistment.
``20303. Reference to chapter 31.
``Sec. 20301. Original enlistments: qualifications; grade
``(a) Original Enlistments.--
``(1) Authority to accept.--The Secretary of the Air Force
may accept original enlistments in the Space Force of
qualified, effective, and able-bodied persons.
``(2) Age.--A person accepted for original enlistment shall
be not less than seventeen years of age. However, no person
under eighteen years of age may be originally enlisted without
the written consent of the person's parent or guardian, if the
person has a parent or guardian entitled to the person's
custody and control.
``(b) Grade.--A person is enlisted in the Space Force in the grade
prescribed by the Secretary of the Air Force.
``Sec. 20302. Enlisted members: term of enlistment
``(a) Term of Original Enlistments.--The Secretary of the Air Force
may accept original enlistments of persons for the duration of their
minority or for a period of at least two but not more than eight years
in the Space Force.
``(b) Term of Reenlistments.--The Secretary of the Air Force may
accept a reenlistment in the Space Force for a period determined in
accordance with paragraphs (2), (3), and (4) of section 505(d) of this
title.
``Sec. 20303. Reference to chapter 31
``For other provisions of this title applicable to enlistments in
the Space Force, see chapter 31 of this title.''.
(b) Amendments to Title 10 Chapter Relating to Enlistments.--
Chapter 31 of such title is amended as follows:
(1) Recruiting campaigns.--Section 503(a) is amended by
striking ``and Regular Coast Guard'' and inserting ``Regular
Coast Guard, and the Space Force''.
(2) Qualifications, term, grade.--Section 505 is amended--
(A) by striking ``Regular Space Force,'' each place
it appears; and
(B) by adding at the end the following new
subsection:
``(e) For enlistments in the Space Force, see sections 20301 and
20302 of this title.''.
(3) Extension of enlistments during war.--Section 506 is
amended by striking ``Regular'' before ``Space Force''.
(4) Reenlistment.--Section 508 is amended striking
``Regular'' before ``Space Force'' both places it appears.
(5) Enlistment incentives for pursuit of skills to
facilitate national service.--Section 510(c) is amended--
(A) in paragraph (2), by inserting ``or the Space
Force'' after ``Selected Reserve''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively;
(ii) by inserting after subparagraph (C)
the following new subparagraph (D):
``(D) in the Space Force;''; and
(iii) in subparagraph (F), as so
redesignated, by striking ``subparagraphs (A)
through (D)'' and inserting ``subparagraphs (A)
through (E)''.
(6) College first program.--Section 511(b)(1)(A) is amended
by inserting ``or as a member of the Space Force,'' after
``reserve component,''.
(7) Delayed entry program.--Section 513(a) is amended--
(A) by inserting, ``, or who is qualified under
section 20301 of this title and applicable regulations
for enlistment in the Space Force,'' after ``armed
force''; and
(B) by inserting ``, or be enlisted as a member of
the Space Force,'' after ``Coast Guard Reserve''.
(8) Effect upon enlisted status of acceptance of
appointment as cadet or midshipman.--Section 516(b) is amended
by inserting ``or in the Space Force,'' after ``armed force''.
SEC. 1818. RETENTION AND SEPARATION GENERALLY.
(a) In General.--Subtitle F of title 10, United States Code, as
amended by section 1717, is further amended by adding at the end the
following new chapter:
``CHAPTER 2009--RETENTION AND SEPARATION GENERALLY
``Sec.
``20401. Applicability of certain provisions of law related to
separation.
``20402. Enlisted members: standards and qualifications for retention.
``20403. Officers: standards and qualifications for retention.
``20404. Selection of officers for early retirement or discharge.
``20405. Force shaping authority.
``Sec. 20401. Applicability of certain provisions of law related to
separation
``(a) Officer Separation.--Except as specified in this section or
otherwise modified in this chapter, the provisions of chapter 59 of
this title applicable to officers of a regular component shall apply to
officers of the Space Force.
``(b) Enlisted Member Separation.--Except as specified in this
section or otherwise modified in this chapter, the provisions of
chapter 59 of this title applicable to enlisted members of a regular
component shall apply to enlisted members of the Space Force.
``(c) Separation Pay Upon Involuntary Discharge or Release From
Active Duty.--The provisions of section 1174 of this title--
``(1) pertaining to a regular officer shall apply to a
Space Force officer serving on sustained duty;
``(2) pertaining to a regular enlisted member shall apply
to an enlisted member of the Space Force serving on sustained
duty; and
``(3) pertaining to other members shall apply to members of
the Space Force not serving on sustained duty.
``(d) Voluntary Separation Incentive.--The provisions of section
1175 of this title pertaining to a voluntary appointment, enlistment,
or transfer to a reserve component shall apply to the voluntary release
from active duty of a member of the Space Force on sustained duty.
``(e) Voluntary Separation Pay and Benefits.--The provisions of
section 1176 of this title--
``(1) pertaining to a regular enlisted member shall apply
to an enlisted member of the Space Force serving on sustained
duty; and
``(2) pertaining to a reserve enlisted member serving in an
active status shall apply to an enlisted member of the Space
Force serving in a Space Force active status or on sustained
duty.
``Sec. 20402. Enlisted members: standards and qualifications for
retention
``(a) Standards and Qualifications for Retention.--Subject to such
limitations as the Secretary of Defense may prescribe, the Secretary of
the Air Force shall, by regulation, prescribe--
``(1) standards and qualifications for the retention of
enlisted members of the Space Force; and
``(2) equitable procedures for the periodic determination
of the compliance of each such member with those standards and
qualifications.
``(b) Effect of Failure To Comply With Standards and
Qualifications.--If an enlisted member serving in Space Force active
status fails to comply with the standards and qualifications prescribed
under subsection (a), the member shall--
``(1) if qualified, be transferred to Space Force inactive
status;
``(2) if qualified, be retired in accordance with section
20603 of this title; or
``(3) have the member's enlistment terminated.
``Sec. 20403. Officers: standards and qualifications for retention
``(a) Standards and Qualifications.--To be retained in an active
status, a Space Force officer must--
``(1) in any applicable yearly period, attain the number of
points specified under section 12732(a)(2) of this title; and
``(2) conform to such other standards and qualifications as
the Secretary may prescribe for officers of the Space Force.
``(b) Result of Failure To Comply.--A Space Force officer who fails
to attain the number of points prescribed under subsection (a)(1), or
to conform to the standards and qualifications prescribed under
subsection (a)(2), may be referred to a board convened under section
20501(a) of this title.
``Sec. 20404. Selection of officers for early retirement or discharge
``(a) Consideration for Early Retirement.--The Secretary of the Air
Force may convene selection boards under section 20211(b) of this title
to consider for early retirement officers on the Space Force officer
list as follows:
``(1) Officers in the grade of lieutenant colonel who have
failed of selection for promotion at least one time and whose
names are not on a list of officers recommended for promotion.
``(2) Officers in the grade of colonel who have served in
that grade for at least two years and whose names are not on a
list of officers recommended for promotion.
``(3) Officers, other than those described in paragraphs
(1) and (2), holding a grade below the grade of colonel--
``(A) who are eligible for retirement under section
20601 of this title or who after two additional years
or less of active service would be eligible for
retirement under that section; and
``(B) whose names are not on a list of officers
recommended for promotion.
``(b) Consideration for Discharge.--
``(1) Subject to such limitations as the Secretary of
Defense may prescribe, the Secretary of the Air Force may
convene selection boards under section 20211 of this title to
consider for discharge officers on the Space Force officer
list--
``(A) who have served at least one year of active
status in the grade currently held;
``(B) whose names are not on a list of officers
recommended for promotion; and
``(C) who are not eligible to be retired under any
provision of law (other than by reason of eligibility
pursuant to section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484)) and are not within two years of becoming so
eligible.
``(2) An officer who is recommended for discharge by a
selection board convened pursuant to the authority of paragraph
(1) and whose discharge is approved by the Secretary of the Air
Force shall be discharged on a date specified by the Secretary.
``(3) Selection of officers for discharge under paragraph
(1) shall be based on the needs of the service.
``(c) Discharges and Retirements Considered To Be Involuntary.--The
discharge or retirement of an officer pursuant to this section shall be
considered to be involuntary for purposes of any other provision of
law.
``Sec. 20405. Force shaping authority
``(a) Authority.--The Secretary of the Air Force may, solely for
the purpose of restructuring the Space Force--
``(1) discharge an officer described in subsection (b); or
``(2) involuntarily release such an officer from sustained
duty.
``(b) Covered Officers.--(1) The authority under this section may
be exercised in the case of an officer of the Space Force serving on
sustained duty who--
``(A) has completed not more than six years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than six years of service as a
commissioned officer in the armed forces, but has not completed
the minimum service obligation applicable to that officer.
``(2) In this subsection, the term `minimum service obligation',
with respect to a member of the Space Force, means the initial period
of required active duty service applicable to the member, together with
any additional period of required active duty service incurred by that
member during the member's initial period of required active duty
service.
``(c) Regulations.--The Secretary of the Air Force shall prescribe
regulations for the exercise of the Secretary's authority under this
section.''.
(b) Conforming Amendments.--Section 647 of title 10, United States
Code, is amended--
(1) in subsection (b)(1), by inserting ``(other than an
officer of the Space Force)'' after ``in the case of an
officer'';
(2) in subsection (c), by striking ``Regular Marine Corps,
of Regular Space Force'' and inserting ``or Regular Marine
Corps''; and
(3) by adding at the end the following new subsection:
``(e) Space Force.--For a similar provision with respect to
officers of the Space Force, see section 20405 of this title.''.
SEC. 1819. SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY
OR FOR CERTAIN OTHER REASONS.
Subtitle F of title 10, United States Code, as amended by section
1718, is further amended by adding at the end the following new
chapter:
``CHAPTER 2011--SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF
DUTY OR FOR CERTAIN OTHER REASONS
``Sec.
``20501. Authority to establish procedures to consider the separation
of officers for substandard performance of
duty and for certain other reasons.
``20502. Retention boards.
``20503. Removal of officer: action by secretary upon recommendation of
retention board.
``20504. Rights and procedures.
``20505. Officer considered for removal: voluntary retirement or
discharge.
``20506. Officers eligible to serve on retention boards.
``Sec. 20501. Authority to establish procedures to consider the
separation of officers for substandard performance of
duty and for certain other reasons
``(a) Procedures for Review of Record of Officers Relating to
Standards of Performance of Duty.--(1) The Secretary of the Air Force
shall prescribe, by regulation, procedures for the review at any time
of the record of any commissioned officer (other than a retired
officer) of the Space Force in a Space Force active status to determine
whether the officer shall be required, because of a reason stated in
paragraph (2), to show cause for the officer's retention in a Space
Force active status.
``(2) The reasons referred to in paragraph (1) are the following:
``(A) The officer's performance of duty has fallen below
standards prescribed by the Secretary of Defense.
``(B) The officer has failed to satisfy the standards and
qualifications established under section 20403 of this title by
the Secretary of the Air Force.
``(b) Procedures for Review of Record of Officers Relating to
Certain Other Reasons.--(1) The Secretary of the Air Force shall
prescribe, by regulation, procedures for the review at any time of the
record of any commissioned officer (other than a retired officer) of
the Space Force in a Space Force active status to determine whether the
officer should be required, because of a reason stated in paragraph
(2), to show cause for the officer's retention in a Space Force active
status.
``(2) The reasons referred to in paragraph (1) are the following:
``(A) Misconduct.
``(B) Moral or professional dereliction.
``(C) The officer's retention is not clearly consistent
with the interests of national security.
``(c) Secretary of Defense Limitations.--Regulations prescribed by
the Secretary of the Air Force under this section are subject to such
limitations as the Secretary of Defense may prescribe.
``Sec. 20502. Retention boards
``(a) Convening of Boards To Consider Officers Required To Show
Cause.--The Secretary of the Air Force shall convene retention boards
at such times and places as the Secretary may prescribe to receive
evidence and make findings and recommendations as to whether an officer
who is required under section 20501 of this title to show cause for
retention in a Space Force active status should be retained in a Space
Force active status. Each retention board shall be composed of not less
than three officers having the qualifications prescribed by section
20506 of this title.
``(b) Fair and Impartial Hearing.--A retention board shall give a
fair and impartial hearing to each officer required under section 20501
of this title to show cause for retention in a Space Force active
status.
``(c) Effect of Board Determination That an Officer Has Failed To
Establish That the Officer Should Be Retained.--(1) If a retention
board determines that the officer has failed to establish that the
officer should be retained in a Space Force active status, the board
shall recommend to the Secretary of the Air Force one of the following:
``(A) That the officer be transferred to an inactive
status.
``(B) That the officer, if qualified under any provision of
law, be retired.
``(C) That the officer be discharged from the Space Force.
``(2) Under regulations prescribed by the Secretary of the Air
Force, an officer as to whom a retention board makes a recommendation
under paragraph (1) that the officer not be retained in a Space Force
active status may be required to take leave pending the completion of
the officer's case under this chapter. The officer may be required to
begin such leave at any time following the officer's receipt of the
report of the retention board, including the board's recommendation for
removal from a Space Force active status, and the expiration of any
period allowed for submission by the officer of a rebuttal to that
report. The leave may be continued until the date on which action by
the Secretary of the Air Force on the officer's case is completed or
may be terminated at any earlier time.
``(d) Effect of Board Determination That an Officer Has Established
That the Officer Should Be Retained.--(1) If a retention board
determines that the officer has established that the officer should be
retained in a Space Force active status, the officer's case is closed.
``(2) An officer who is required to show cause for retention in a
Space Force active status under subsection (a) of section 20501 of this
title and who is determined under paragraph (1) to have established
that the officer should be retained in a Space Force active status may
not again be required to show cause for retention in a Space Force
active status under such subsection within the one-year period
beginning on the date of that determination.
``(3)(A) Subject to subparagraph (B), an officer who is required to
show cause for retention in a Space Force active status under
subsection (b) of section 20501 of this title and who is determined
under paragraph (1) to have established that the officer should be
retained in a Space Force active status may again be required to show
cause for retention at any time.
``(B) An officer who has been required to show cause for retention
in a Space Force active status under subsection (b) of section 20501 of
this title and who is thereafter retained in an active status may not
again be required to show cause for retention in a Space Force active
status under such subsection solely because of conduct which was the
subject of the previous proceedings, unless the findings or
recommendations of the retention board that considered the officer's
previous case are determined to have been obtained by fraud or
collusion.
``(4) In the case of an officer described in paragraph (2) or
paragraph (3)(A), the retention board may recommend that the officer be
required to complete additional training, professional education, or
such other developmental programs as may be available to correct any
identified deficiencies and improve the officer's performance within
the Space Force.
``Sec. 20503. Removal of officer: action by Secretary upon
recommendation of retention board
``The Secretary of the Air Force may remove an officer from Space
Force active status if the removal of such officer from Space Force
active status is recommended by a retention board convened under
section 20502 of this title.
``Sec. 20504. Rights and procedures
``(a) In General.--Under regulations prescribed by the Secretary of
the Air Force, each officer required under section 20501 of this title
to show cause for retention in a Space Force active status--
``(1) shall be notified in writing, at least 30 days before
the hearing of the officer's case by a retention board, of the
reasons for which the officer is being required to show cause
for retention in a Space Force active status;
``(2) shall be allowed a reasonable time, as determined by
the board, to prepare the officer's showing of cause for
retention in a Space Force active status;
``(3) shall be allowed to appear either in person or
through electronic means and to be represented by counsel at
proceedings before the board; and
``(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the officer's case,
except that the board shall withhold any record that the
Secretary determines should be withheld in the interest of
national security.
``(b) Summary of Records Withheld in Interest of National
Security.--When a record is withheld under subsection (a)(4), the
officer whose case is under consideration shall, to the extent that the
interest of national security permits, be furnished a summary of the
record so withheld.
``Sec. 20505. Officer considered for removal: voluntary retirement or
discharge
``(a) In General.--At any time during proceedings under this
chapter with respect to the removal of an officer from a Space Force
active status, the Secretary of the Air Force may grant a request by
the officer--
``(1) for voluntary retirement, if the officer is qualified
for retirement; or
``(2) for discharge in accordance with subsection (b)(2).
``(b) Retirement or Discharge.--An officer removed from a Space
Force active status under section 20503 of this title shall--
``(1) if eligible for voluntary retirement under any
provision of law on the date of such removal, be retired in the
grade and with the retired pay for which the officer would be
eligible if retired under such provision; and
``(2) if ineligible for voluntary retirement under any
provision of law on the date of such removal--
``(A) be honorably discharged in the grade then
held, in the case of an officer whose case was brought
under subsection (a) of section 20501 of this title; or
``(B) be discharged in the grade then held, in the
case of an officer whose case was brought under
subsection (b) of section 20501 of this title.
``(c) Separation Pay for Discharged Officer.--An officer who is
discharged under subsection (b)(2) is entitled, if eligible therefor,
to separation pay under section 1174(a)(2) of this title.
``Sec. 20506. Officers eligible to serve on retention boards
``(a) In General.--The provisions of section 1187 of this title
apply to the membership of boards convened under this chapter in the
same manner as to the membership of boards convened under chapter 60 of
this title.
``(b) Retired Air Force Officers.--
``(1) Authority.--In applying subsection (b) of section
1187 of this title to a board convened under this chapter, the
Secretary of the Air Force may appoint retired officers of the
Air Force, in addition to retired officers of the Space Force,
to complete the membership of the board.
``(2) Limitation.--A retired officer of the Air Force may
be appointed to a board under paragraph (1) only if the officer
served in a space-related career field of the Air Force for
sufficient time such that the Secretary of the Air Force
determines that the retired Air Force officer has adequate
knowledge concerning the standards of performance and conduct
required of an officer of the Space Force.''.
SEC. 1820. RETIREMENT.
(a) In General.--Subtitle F of title 10, United States Code, as
amended by section 1719, is further amended by adding at the end the
following new chapter:
``CHAPTER 2013--VOLUNTARY RETIREMENT FOR LENGTH OF SERVICE
``Sec.
``20601. Officers: voluntary retirement for length of service.
``20602. Officers: computation of years of service for voluntary
retirement.
``20603. Enlisted members: voluntary retirement for length of service.
``20604. Enlisted members: computation of years of service for
voluntary retirement.
``20605. Applicability of other provisions of law relating to
retirement.
``Sec. 20601. Officers: voluntary retirement for length of service
``(a) Twenty Years or More.--The Secretary of the Air Force may,
upon the officer's request, retire a commissioned officer of the Space
Force who has at least 20 years of service computed under section 20602
of this title, at least 10 years of which have been active service as a
commissioned officer.
``(b) Thirty Years or More.--A commissioned officer of the Space
Force who has at least 30 years of service computed under section 20602
of this title may be retired upon the officer's request, in the
discretion of the President.
``(c) Forty Years or More.--Except as provided in section 20503 of
this title, a commissioned officer of the Space Force who has at least
40 years of service computed under section 20602 of this title shall be
retired upon the officer's request.
``Sec. 20602. Officers: computation of years of service for voluntary
retirement
``(a) Years of Active Service.--For the purpose of determining
whether an officer of the Space Force may be retired under section
20601 of this title, the officer's years of service are computed by
adding all active service in the armed forces.
``(b) Reference to Section Excluding Service During Certain
Periods.--Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.
``Sec. 20603. Enlisted members: voluntary retirement for length of
service
``(a) Twenty to Thirty Years.--Under regulations to be prescribed
by the Secretary of the Air Force, an enlisted member of the Space
Force who has at least 20, but less than 30, years of service computed
under section 20604 of this title may, upon the member's request, be
retired.
``(b) Thirty Years or More.--An enlisted member of the Space Force
who has at least 30 years of service computed under section 20604 of
this title shall be retired upon the member's request.
``Sec. 20604. Enlisted members: computation of years of service for
voluntary retirement
``(a) Years of Active Service.--For the purpose of determining
whether an enlisted member of the Space Force may be retired under
section 20603 of this title, the member's years of service are computed
by adding all active service in the armed forces.
``(b) Reference to Section Excluding Counting of Certain Service
Required To Be Made up.--Time required to be made up under section
972(a) of this title may not be counted in computing years of service
under subsection (a).
``Sec. 20605. Applicability of other provisions of law relating to
retirement
``(a) Applicability to Members of the Space Force.--Except as
specifically provided for by this chapter, the provisions of this title
specified in subsection (b) apply to members of the Space Force as
follows:
``(1) Provisions pertaining to an officer of the Air Force
shall apply to an officer of the Space Force.
``(2) Provisions pertaining to an enlisted member of the
Air Force shall apply to an enlisted member of the Space Force.
``(3) Provisions pertaining to a regular officer shall
apply to an officer who is on sustained duty in the Space
Force.
``(4) Provisions pertaining to a regular enlisted member
shall apply to an enlisted member who is on sustained duty in
the Space Force.
``(5) Provisions pertaining to a reserve officer shall
apply to an officer who is in a Space Force active status but
not on sustained duty.
``(6) Provisions pertaining to a reserve enlisted member
shall apply to an enlisted member who is in a Space Force
active status but not on sustained duty.
``(7) Provisions pertaining to service in a regular
component shall apply to service on sustained duty.
``(8) Provisions pertaining to service in a reserve
component shall apply to service in a Space Force active status
not on sustained duty.
``(9) Provisions pertaining to a member of the Ready
Reserve shall apply to a member of the Space Force who is in a
Space Force active status prior to being ordered to active
duty.
``(10) Provisions pertaining to a member of the Retired
Reserve shall apply to a member of the Space Force who has
retired under chapter 1223 of this title.
``(b) Provisions of Law.--The provisions of this title referred to
in subsection (a) are the following:
``(1) Chapter 61, relating to retirement or separation for
physical disability.
``(2) Chapter 63, relating to retirement for age.
``(3) Chapter 69, relating to retired grade.
``(4) Chapter 71, relating to computation of retired pay.
``(5) Chapter 941, relating to retirement from the Air
Force for length of service.
``(6) Chapter 945, relating to computation of retired pay.
``(7) Chapter 1223, relating to retired pay for non-regular
service.
``(8) Chapter 1225, relating to retired grade.''.
(b) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
(1) Retired members ordered to active duty.--Section 688(b)
is amended--
(A) in paragraph (1), by striking ``Regular Marine
Corps, or Regular Space Force'' and inserting ``or
Regular Marine Corps''; and
(B) by adding at the end the following new
paragraph:
``(4) A retired member of the Space Force.''.
(2) Retired grade.--Section 9341 is amended--
(A) in subsection (a), by striking ``or the Space
Force'' both places it appears;
(B) in subsection (b), by striking ``or a Regular
or Reserve of the Space Force''; and
(C) by adding at the end the following new
subsection:
``(c) Space Force.--(1) The retired grade of a commissioned officer
of the Space Force who retires other than for physical disability is
determined under section 1370 or 1370a of this title, as applicable to
the officer.
``(2) Unless entitled to a higher retired grade under some other
provision of law, a member of the Space Force not covered by paragraph
(1) who retires other than for physical disability retires in the grade
that the member holds on the date of the member's retirement.''.
(3) Retired grade of enlisted members after 30 years of
service.--Section 9344(b)(2) is amended by striking ``Regular''
before ``Space Force''.
(4) Retired lists.--Section 9346 is amended--
(A) in subsection (a), by striking ``or the Regular
Space Force'' and inserting ``and a separate retired
list containing the name of each retired commissioned
officer of the Space Force (other than an officer whose
name is on the list maintained under subsection
(b)(2))'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' after ``(b)'';
(iii) in subparagraph (A), as redesignated
by clause (i), by striking ``, or for
commissioned officers of the Space Force other
than of the Regular Space Force'';
(iv) in subparagraph (B), as so
redesignated, by striking ``or the Space
Force''; and
(v) by adding at the end the following new
paragraph:
``(2) The Secretary shall maintain a retired list containing the
name of--
``(A) each person entitled to retired pay who as a member
of the Space Force qualified for retirement under section 20601
of this title; and
``(B) each retired warrant officer or enlisted member of
the Space Force who is advanced to a commissioned grade.'';
(C) in subsection (c), by striking ``or the Space
Force'' and inserting ``and a separate retired list
containing the name of each retired warrant officer of
the Space Force''; and
(D) in subsection (d), by striking ``or the Regular
Space Force'' and inserting ``and a separate retired
list containing the name of each retired enlisted
member of the Space Force''.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
SEC. 1831. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS OF
TITLE 10, UNITED STATES CODE.
(a) Provisions Relating to Personnel.--Part II of subtitle D of
title 10, United States Code, is amended as follows:
(1) Gender-free basis for acceptance of original
enlistments.--
(A) Section 9132 is amended by striking ``Regular''
before ``Space Force''.
(B) The heading of such section is amended by
striking ``regular space force'' and inserting ``space
force''.
(2) Reenlistment after service as an officer.--
(A) Section 9138(a) is amended by striking
``Regular'' before ``Space Force'' both places it
appears.
(B) The heading of section 9138 is amended by
striking ``regular space force'' and inserting ``space
force''.
(3) Warrant officers: original appointment;
qualifications.--Section 9160 is amended by striking
``Regular'' before Space Force''.
(4) Service as an officer to be counted as enlisted
service.--Section 9252 is amended by striking ``Regular''
before ``Space Force''.
(5) Chapter heading.--
(A) The heading of chapter 915 is amended to read
as follows:
``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND IN THE SPACE
FORCE''.
(B) The tables of chapters at the beginning of
subtitle D, and at the beginning of part II of subtitle
D of such title, are each amended by striking the item
relating to chapter 915 and inserting the following new
item:
``915. Appointments in the Regular Air Force and in the Space Force
9151.''.
(b) Provisions Relating to Training Generally.--Section 9401 of
such title is amended--
(1) in subsection (b)--
(A) by striking ``or the Regular Space Force''
after ``Regular Air Force''; and
(B) by inserting ``or one of the Space Force in a
Space Force active status not on sustained duty,''
after ``on the active-duty list,'';
(2) in subsection (c)--
(A) by striking ``or Reserve of the Space Force''
and inserting ``or member of the Space Force in a Space
Force active status not on sustained duty''; and
(B) by striking ``the Reserve's consent'' and
inserting ``the member's consent''; and
(3) in subsection (f)--
(A) by striking ``the Regular Space Force'' and
inserting ``of Space Force members on sustained duty'';
and
(B) by striking ``the Space Force Reserve'' and
inserting ``of Space Force members in an active status
not on sustained duty''.
(c) Provisions Relating to the Air Force Academy.--Chapter 953 of
such title is amended as follows:
(1) Permanent professors; director of admissions.--Section
9436 is amended--
(A) in subsection (a)--
(i) by striking ``the equivalent grade in''
both places it appears;
(ii) by inserting ``or the Space Force''
after ``Regular Air Force'' the first place it
appears;
(iii) by striking ``and a permanent'' and
all that follows through ``in the Regular Air
Force''; and
(B) in subsection (b)--
(i) by striking ``the equivalent grade in''
both places it appears and inserting ``the
grade of lieutenant colonel in''; and
(ii) by striking ``Regular Space Force has
the grade equivalent to the grade of colonel in
the Regular Air Force'' and inserting ``Space
Force has the grade of colonel in the Space
Force''.
(2) Appointment of cadets.--Section 9442(b) is amended--
(A) in paragraph (1)(C), by inserting ``, or the
Space Force,'' after ``members of reserve components'';
and
(B) in paragraph (2), by striking ``Regular''
before ``Space Force''.
(3) Agreement of cadets to serve as officers.--Section
9448(a) is amended--
(A) in paragraph (2)(A), by striking ``Regular''
before ``Space Force''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``, or to terminate the
officer's order to sustained duty in the Space
Force'' after ``resign as a regular officer'';
(ii) in subparagraph (A), by striking ``or
as a Reserve in the Space Force for service in
the Space Force Reserve'' and inserting ``or
will accept further assignment in a Space Force
active status''; and
(iii) in subparagraph (B), by inserting ``,
or the Space Force,'' after ``that reserve
component''.
(4) Hazing.--Section 9452(c) is amended by striking
``Marine Corps, or Space Force,'' and inserting, ``or Marine
Corps, or in the Space Force,''.
(5) Commission upon graduation.--Section 9453(b) is
amended--
(A) by striking ``or in the equivalent grade in the
Regular Space Force''; and
(B) by inserting before the period the following:
``or a second lieutenant in the Space Force under
section 531 or 20201 of this title''.
(d) Provisions Relating to Schools and Camps.--Chapter 957 of such
title is amended as follows:
(1) Purpose.--Section 9481 is amended--
(A) by striking ``to qualify them for appointment''
and inserting ``to qualify them for--
``(1) appointment'';
(B) by striking ``or the Space Force Reserve.'' and
inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(2) appointment as officers, or enlistment as
noncommissioned officers, for service in the Space Force in a
Space Force active status.''.
(2) Operation.--Section 9482(4) is amended by striking ``or
the Regular Space Force'' and inserting ``or members of the
Space Force in an active status''.
SEC. 1832. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE.
(a) Provisions Relating to Organization and General Military
Powers.--Part I of subtitle A of title 10, Untied States Code, is
amended as follows:
(1) Annual defense manpower report.--Section 115a(d)(3)(F)
is amended by inserting before the period the following: ``or,
in the case of the Space Force, officers ordered to active duty
other than under section 20105(b) of this title''.
(2) Suspension of end-strength and other strength
limitations in time of war or national emergency.--Section
123a(a)(2) is amended by inserting ``or the Space Force'' after
``a reserve component''.
(3) Deputy commander of usnorthcom.--Section 164(e)(4) is
amended--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking ``shall be a'' and all that follows
through the period at the end and inserting ``shall
be--
``(i) a qualified officer of a reserve
component who is eligible for promotion to the
grade of lieutenant general or, in the case of
the Navy, vice admiral; or
``(ii) a qualified officer of the Space
Force whose prior service includes service in a
Space Force active status other than sustained
duty and who is eligible for promotion to the
grade of lieutenant general.''; and
(C) by adding at the end the following new
subparagraph:
``(B) The requirement in subparagraph (A) does not
apply when the officer serving as commander of the
combatant command described in that subparagraph is--
``(i) a reserve component officer; or
``(ii) an officer of the Space Force whose
prior service includes service in a Space Force
active status other than sustained duty.''.
(4) Readiness reports.--Section 482(a) is amended by
inserting ``and the Space Force'' after ``active and reserve
components'' both places it appears.
(b) Dopma Officer Personnel Provisions.--Chapter 36 of such title
is amended as follows:
(1) Nondisclosure of board proceedings.--Section 613a is
amended by striking ``573, 611, or 628'' both places it appears
and inserting ``573, 611, 628, or 20211''.
(2) Information furnished to selection boards.--Section
615(a) is amended--
(A) in paragraph (1), by inserting ``or 20211''
after ``section 611(a)''; and
(B) in paragraph (3)--
(i) in subparagraph (B)(i), by striking
``regular officer'' and all that follows
through the period at the end and inserting
``regular officer or an officer in the Space
Force, a grade above captain or, in the case of
the Navy, lieutenant.''; and
(ii) in subparagraph (D)--
(I) by striking ``major general,''
and inserting ``major general or''; and
(II) by striking ``or, in the case
of the Space Force, the equivalent
grade,''.
(3) Eligibility for consideration for promotion: time-in-
grade and other requirements.--Section 619(a) is amended by
striking ``Marine Corps, or Space Force'' each place it appears
and inserting ``or Marine Corps''.
(4) Authority to vacate promotions to grades of brigadier
general and rear admiral (lower half).--Section 625(b) is
amended--
(A) by striking ``Marine Corps, or Space Force''
and inserting ``or Marine Corps''; and
(B) by adding at the end the following new
sentence: ``An officer of the Space Force whose
promotion is vacated under this section holds the grade
of colonel.''.
(5) Acceptance of promotions; oath of office.--Section 626
is amended by striking ``section 624'' both places it appears
and inserting ``section 624 or 20241''.
(6) Special selection review board.--Section 628a is
amended--
(A) in subsection (a)(1)(A)--
(i) by striking ``major general,'' and
inserting ``major general or''; and
(ii) by striking ``, or an equivalent grade
in the Space Force'';
(B) in subsection (e)(2), by adding at the end the
following new sentence: ``However, in the case of an
officer on the Space Force officer list, the provisions
of section 618 of this title apply to the report and
proceedings of a special selection review board
convened under this section in the same manner as they
apply to report and proceedings of a promotion board
convened under section 20211 of this title.''; and
(C) in subsection (f)(1), by adding at the end the
following new sentence: ``However, if the report of a
special selection review board convened under this
section recommends the sustainment of the
recommendation for promotion to the next higher grade
of an officer on the Space Force officer list who was
referred to it for review under this section, and the
President approves the report, the officer shall, as
soon as practicable, be appointed to the grade in
accordance with subsections (b) and (c) of section
20241 of this title.''.
(7) Removal from list of officers recommended for
promotion.--Section 629 is amended--
(A) in subsection (b), by inserting ``or 20241(c)''
after ``section 624(c)''; and
(B) in subsection (c)--
(i) by inserting ``or 20241(a)'' after
``section 624(a)'' both places it appears; and
(ii) by inserting ``or 20241(c)'' after
``section 624(c)'' both places it appears.
(8) Retirement for years of service.--
(A) Lieutenant colonels.--Section 633(a) is
amended--
(i) by inserting ``(1)'' before ``Except
as'';
(ii) by striking ``Regular Marine Corps, or
Regular Space Force'' and inserting ``or
Regular Marine Corps''; and
(iii) by adding at the end the following
new paragraph:
``(2) Except as provided under section 637(b) or 637a of this
title, each officer of the Space Force who holds the grade of
lieutenant colonel who is not on a list of officers recommended for
promotion to the grade of colonel shall, if not earlier retired, be
retired on the first day of the month after the month in which the
officer completes 28 years of active commissioned service.''.
(B) Colonels.--Section 634(a) is amended--
(i) by inserting ``(1)'' before ``Except
as'';
(ii) by striking ``Regular Marine Corps, or
Regular Space Force'' and inserting ``or
Regular Marine Corps''; and
(iii) by adding at the end the following
new paragraph:
``(2) Except as provided under section 637(b) or 637a of this
title, each officer of the Space Force who holds the grade of colonel
who is not on a list of officers recommended for promotion to the grade
of brigadier general shall, if not earlier retired, be retired on the
first day of the month after the month in which the officer completes
30 years of active commissioned service.''.
(C) Brigadier generals.--Section 635 is amended--
(i) by inserting ``(a) Army, Navy, Air
Force, and Marine Corps'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or
Regular Space Force'' and inserting ``or
Regular Marine Corps''; and
(iii) by adding at the end the following
new subsection:
``(b) Space Force.--Except as provided under section 637(b) or 637a
of this title, each officer of the Space Force who holds the grade of
brigadier general who is not on a list of officers recommended for
promotion to the grade of major general shall, if not earlier retired,
be retired as specified in subsection (a).''.
(D) Officers in grades above brigadier general.--
Section 636(a) is amended--
(i) by inserting ``(1)'' before ``Except
as'';
(ii) by striking ``Regular Marine Corps, or
Regular Space Force'' and inserting ``or
Regular Marine Corps''; and
(iii) by adding at the end the following
new paragraph:
``(2) Except as provided in subsection (b) or (c) and under section
637(b) or 637a of this title, each officer of the Space Force who holds
the grade of major general shall, if not earlier retired, be retired as
specified in paragraph (1).''.
(E) Section headings.--
(i) The heading of section 633 is amended
by striking ``lieutenant colonels and'' and
inserting ``and space force lieutenant
colonels; regular navy''.
(ii) The heading of section 634 is amended
by striking ``colonels and'' and inserting
``and space force colonels; regular''.
(iii) The heading of section 635 is amended
by striking ``brigadier generals and'' and
inserting ``and space force brigadier generals;
regular navy''.
(iv) The heading of section 636 is amended
by striking ``officers in grades above
brigadier general and'' and inserting ``and
space force officers in grades above brigadier
general; regular navy officers in grades
above''.
(c) Management Policies for Joint Qualified Officers.--Section
661(a) of such title is amended--
(1) by striking ``Marine Corps, and Space Force'' and
inserting ``and Marine Corps''; and
(2) by inserting ``, and officers of the Space Force on the
Space Force officer list,'' after ``active-duty list''.
(d) Leave.--Chapter 40 of such title is amended as follows:
(1) Entitlement and accumulation.--Section 701 is amended--
(A) in subsection (h)--
(i) by inserting at the end of paragraph
(2) the following new subparagraph:
``(D) A member of the Space Force in a Space Force
active status on sustained duty or subject to a call or
order to active duty for a period in excess of 12
months.''; and
(ii) in paragraphs (5)(B) and (6), by
inserting ``, or of the Space Force,'' after
``member of a reserve component''; and
(B) in subsection (i), by inserting ``, or of the
Space Force,'' after ``member of a reserve component''.
(2) Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be taken.--Section
707a(a)(1) is amended by inserting ``or 20503'' after ``section
1182(c)(2)''.
(3) Career flexibility to enhance retention of members.--
Section 710 is amended--
(A) in subsection (a), by inserting ``or of the
Space Force'' after ``regular components'';
(B) in subsection (b)(2), by inserting ``, or a
Space Force officer in a Space Force active status not
on active duty under section 20105(b) of this title,''
after ``officer'';
(C) in subsection (c)(1), by inserting before the
period at the end the following: ``or, in the case of a
member of the Space Force on sustained duty, to accept
release from sustained duty orders and to serve in a
Space Force active status''; and
(D) in subsection (g)(1)(A), by striking ``chapter
36 or 1405'' and inserting ``chapter 36, 1405, or
2005''.
(e) Limitation on Number of Officers Who May Be Frocked to a Higher
Grade.--Section 777(d)(2) of such title is amended by inserting ``, or
for the Space Force, the Space Force officer list,'' after ``active-
duty list''.
(f) Uniform Code of Military Justice.--Chapter 47 of such title
(the Uniform Code of Military Justice), is amended as follows:
(1) Persons subject to ucmj.--Section 802 (article 2) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
members of the Space Force on active duty under
section 20105 of this title,'' after ``regular
component of the armed forces,'';
(ii) in paragraph (3)(A)(i), by inserting
``or the Space Force'' after ``reserve
component'';
(iii) in paragraph (5), by inserting ``, or
retired members of the Space Force who
qualified for a non-regular retirement and are
receiving retired pay,'' after ``a reserve
component''; and
(iv) by adding at the end the following new
paragraph:
``(14) Retired members of the Space Force who qualified for
a regular retirement under section 20603 of this title and are
receiving retired pay.''; and
(B) in subsection (d)--
(i) in paragraph (1), by inserting ``or the
Space Force'' after ``reserve component'';
(ii) in paragraph (2), by inserting ``or
the Space Force'' after ``a reserve
component''; and
(iii) in paragraph (4), by inserting ``or
the Space Force'' after ``in a regular
component of the armed forces''.
(2) Jurisdiction to try certain personnel.--Subsection (d)
of section 803 (article 3) is amended by inserting, ``or the
Space Force'' after ``reserve component''.
(3) Articles to be explained.--Section 937 (article 137) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``or'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) the member's initial entrance on active duty
or into a Space Force active status.'';
(B) in subsection (a)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) after a member of Space Force has completed
six months of sustained duty or in the case of a member
not on sustained duty, after the member has completed
basic or recruit training; and'';
(C) in subsection (b)(1)(B), by inserting ``or the
Space Force'' after ``in a reserve component''; and
(D) in subsection (d)(1), by striking ``or to a
member of a reserve component,'' and inserting ``, to a
member of a reserve component, or to a member of the
Space Force,''.
(g) Restriction on Performance of Civil Functions by Officers on
Active Duty.--Section 973(b)(1) of such title 10 is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) to an officer on the Space Force officer list
serving on active duty under section 20105(b) of this
title or under a call or order to active duty for a
period in excess of 270 days.''.
(h) Use of Commissary Stores and Mwr Retail Facilities.--Section
1063 of such title is amended--
(1) in subsection (c)--
(A) in the heading, by inserting ``and Space
Force'' after ``Reserve''; and
(B) by inserting ``or the Space Force'' after
``reserve component'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Members of the Space Force.--A member of the Space Force in a
Space Force active status who is not on sustained duty shall be
permitted to use commissary stores and MWR retail facilities under the
same conditions as specified in subsection (a) for a member of the
Selected Reserve.''; and
(4) in subsection (e), as redesignated by paragraph (2), by
striking ``subsection (a) or (b)'' in paragraph (1) and
inserting ``subsection (a), (b), or (d)''.
(i) Members Involuntary Separated.--
(1) Eligibility for certain benefits and services.--Section
1141 of such title is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(5) in the case of an officer of the Space Force (other
than a retired officer), the officer is involuntarily
discharged or released from active duty under other than
adverse conditions, as characterized by the Secretary of the
Air Force; and
``(6) in the case of an enlisted member of the Space Force,
the member is--
``(A) denied reenlistment; or
``(B) involuntarily discharged or released from
active duty under other than adverse conditions, as
characterized by the Secretary of the Air Force.''.
(2) Separation pay.--Section 1174(a)(2) of such title is
amended by striking ``, Marine Corps, or Space Force'' both
places it appears and inserting ``or Marine Corps''.
(j) Boards for the Correction of Military Records.--Chapter 79 of
such title is amended as follows:
(1) Review of actions of selection boards and correction of
military records.--Section 1558 is amended--
(A) inserting ``, or the Space Force,'' after
``reserve component'' each place it appears; and
(B) in subsection (b)--
(i) in paragraph (1)(C), by striking
``section 628 or 14502'' and inserting
``section 628, 14502, or 20252'';
(ii) in paragraph (2)(A), by striking ``or
14705'' and inserting ``14507, or 20403''; and
(iii) in paragraph (2)(B)(i), by striking
``or 14101(a)'' and inserting ``14101(a), or
20211''.
(2) Title of air force service review agency.--
(A) Sections 1555(c)(3) and 1557(f)(3) are amended
by inserting ``the Department of'' after ``Air
Force,''.
(B) Section 1556(a) is amended by inserting ``the
Department of'' after ``the Army Review Boards
Agency,''.
(C) Section 1559(c)(3) is amended by inserting
``the Department of'' after ``Air Force,''.
(k) Military Family Programs.--Chapter 88 of such title is amended
as follows:
(1) Members of department of defense military readiness
council.--Section 1781a(b)(1)(B)(iii) is amended--
(A) by striking ``member and'' and inserting
``member,''; and
(B) by inserting ``, and one of whom shall be the
spouse or parent of a member of the Space Force'' after
``parent of a reserve component member''.
(2) Department of defense policy and plans for military
family readiness .--Section 1781b is amended--
(A) in subsection (b)(3), by striking ``military
families of members of the regular components and
military families of members of the reserve
components'' and inserting ``military families of
members of the regular components, the reserve
components, and the Space Force''; and
(B) in subsection (c)(2)--
(i) by striking ``both''; and
(ii) by striking ``military families of
members of the regular components and military
families of members of the reserve components''
and inserting ``military families of members of
the regular components, members of the reserve
components, and members of the Space Force''.
(l) Training and Education Programs.--
(1) Payment of tuition for off-duty training or
education.--Section 2007 of such title is amended by adding at
the end the following new subsection:
``(g) The provisions of this section pertaining to members of the
Ready Reserve, the Selected Reserve, or the Individual Ready Reserve
also apply to members of the Space Force in a Space Force active status
who are not on active duty.''.
(2) Rotc financial assistant program for specially selected
members.--Section 2107 of such title is amended--
(A) in subsection (a)--
(i) by striking ``Navy,'' and inserting
``Navy or''; and
(ii) by striking ``Marine Corps, or as an
officer in the equivalent grade in the Space
Force'' and inserting ``or Marine Corps''; and
(B) by adding at the end the following new
subsection:
``(k) Applicability to Space Force.--(1) Provisions of this section
referring to a regular commission, regular officer, or a commission in
a regular component shall be treated as also referring to the
commission of an officer, or an officer, who is a commissioned officer
in the Space Force serving on active duty pursuant to section 20105(b)
of this title.
``(2) Provisions of this section referring to a reserve commission,
reserve officer, or a commission in a reserve component shall be
treated as also referring to the commission of an officer, or an
officer, who is a commissioned officer in the Space Force not serving
on active duty pursuant to section 20105(b) of this title.''.
(3) Duty as rotc administrators and instructors.--Section
2111 of such title is amended by adding at the end the
following new sentence: ``The Secretary of the Air Force may
detail members of the Space Force in the same manner as regular
and reserve members of the Air Force.''.
SEC. 1833. TITLE 38, UNITED STATES CODE (VETERANS' BENEFITS).
(a) Definitions.--
(1) General definitions.--Section 101 of title 38, United
States Code, is amended--
(A) in paragraph (23), by inserting ``, or for
members of the Space Force in a Space Force active
status (as defined in section 101(e)(1) of title 10),''
after ``(including commissioned officers of the Reserve
Corps of the Public Health Service)'' both places it
appears; and
(B) in paragraph (27)--
(i) by striking subparagraph (E); and
(ii) by redesignating subparagraphs (F),
(G), and (H) as subparagraphs (E), (F), and
(G), respectively.
(2) Definitions for purposes of sgli.--Section 1965 of such
title is amended--
(A) in paragraph (2)(A), by inserting ``, or by
members of the Space Force in a Space Force active
status (as defined in section 101(e)(1) of title 10)
but not on sustained duty under section 20105 of title
10,'' after ``for Reserves''; and
(B) in paragraph (3)(A), by inserting ``, or for
members of the Space Force in a Space Force active
status (as defined in section 101(e)(1) of title 10),''
after ``(including commissioned officers of the Reserve
Corps of the Public Health Service)''.
(b) Persons Eligible for Interment in National Cemeteries.--Section
2402(a) of such title is amended in paragraph (2), by inserting ``any
member of the Space Force,'' after ``a Reserve component of the Armed
Forces,''.
(c) Educational Assistance.--
(1) Montgomery gi bill.--Section 3011(a)(3)(D) of such
title is amended by inserting ``or for further service in the
Space Force in a Space Force active status not on sustained
duty under section 20105 of title 10'' after ``of the Armed
Forces,''.
(2) Post 9-11 gi bill.--Section 3311(c)(3) of such title is
amended by inserting ``, or for further service in the Space
Force in a Space Force active status not on sustained duty
under section 20105 of title 10,'' after ``of the Armed
Forces'' the second place it appears.
Subtitle C--Transition Provisions
SEC. 1841. TRANSITION PERIOD.
In this subtitle, the term ``transition period'' means the period
beginning on the date of the enactment of this Act and ending on the
last day of the fourth fiscal year beginning after the date of the
enactment of this Act.
SEC. 1842. CHANGE OF DUTY STATUS OF MEMBERS OF THE SPACE FORCE.
(a) Change of Duty Status.--
(1) Conversion of status and order to sustained duty.--
During the transition period, the Secretary of the Air Force
shall change the duty status of each member of the Regular
Space Force to Space Force active status and shall, at the same
time, order the member to sustained duty under section 20105 of
title 10, United States Code, as added by section 1715 of this
Act. Any such order may be made without regard to any otherwise
applicable requirement that such an order be made only with the
consent of the member or as specified in an enlistment
agreement or active-duty service commitment.
(2) Definitions.--For purposes of this section, the terms
``Space Force active status'' and ``sustained duty'' have the
meanings given those terms by subsection (e) of section 101 of
title 10, United States Code, as added by section 1713(a).
(b) Effective Date of Change of Duty Status.--The change of a
member's duty status and order to sustained duty in accordance with
subsection (a) shall be effective on the date specified by the
Secretary of the Air Force, but not later than the last day of the
transition period.
SEC. 1843. TRANSFER TO THE SPACE FORCE OF MEMBERS OF THE AIR FORCE
RESERVE AND THE AIR NATIONAL GUARD.
(a) Transfer of Members of the Air Force Reserve.--
(1) Officers.--During the transition period, the Secretary
of Defense may, with the officer's consent, transfer a covered
officer of the Air Force Reserve or the Air National Guard to,
and appoint the officer in, the Space Force.
(2) Enlisted members.--During the transition period, the
Secretary of the Air Force may transfer each covered enlisted
member of the Air Force Reserve or the Air National Guard to
the Space Force, other than those members who do not consent to
the transfer.
(3) Effective date of transfers.--Each transfer under this
subsection shall be effective on the date specified by the
Secretary of Defense, in the case of an officer, or the
Secretary of the Air Force, in the case of an enlisted member,
but not later than the last day of the transition period.
(b) Regulations.--Transfers under subsection (a) shall be carried
out under regulations prescribed by the Secretary of Defense. In the
case of an officer, applicable regulations shall include those
prescribed pursuant to section 716 of title 10, United States Code.
(c) Term of Initial Enlistment in Space Force.--In the case of a
covered enlisted member who is transferred to the Space Force in
accordance with subsection (a), the Secretary of the Air Force may
accept the initial enlistment of the member in the Space Force for a
period of less than 2 years, but only if the period of enlistment in
the Space Force is not less than the period remaining, as of the date
of the transfer, in the member's term of enlistment in the Air Force
Reserve.
(d) End Strength Adjustments Upon Transfers From Air Force Reserve
or Air National Guard to Space Force.--During the transition period,
upon the transfer of a mission of the Air Force Reserve or the Air
National Guard to the Space Force--
(1) the end strength authorized for the Space Force
pursuant to section 115(a)(1)(A) of title 10, United States
Code, for the fiscal year during which the transfer occurs
shall be increased by the number of billets associated with
that mission; and
(2) the end strength authorized for the Air Force Reserve
and the Air National Guard pursuant to section 115(a)(2) of
such title for such fiscal year shall be decreased by the same
number.
(e) Administrative Provisions.--For purposes of the transfer of
covered members of the Air Force Reserve in accordance with subsection
(a)--
(1) the Air Force Reserve, the Air National Guard, and the
Space Force shall be considered to be components of the same
Armed Force; and
(2) the Space Force officer list shall be considered to be
an active-duty list of an Armed Force.
(f) Retraining and Reassignment for Members Not Transferring.--If a
covered member of the Air Force Reserve or the Air National Guard does
not consent to transfer to the Space Force in accordance with
subsection (a), the Secretary of the Air Force may, as determined
appropriate by the Secretary in the case of the individual member,
provide the member retraining and reassignment within the Air Force
Reserve.
(g) Covered Members.--For purposes of this section, the term
``covered'', with respect to a member of the Air Force Reserve or the
Air National Guard, means--
(1) a member who as of the date of the enactment of this
Act holds an Air Force specialty code for a specialty held by
members of the Space Force; and
(2) any other member designated by the Secretary of the Air
Force for the purposes of this section.
SEC. 1844. PLACEMENT OF OFFICERS ON THE SPACE FORCE OFFICER LIST.
(a) Placement on List.--Officers of the Space Force whose duty
status is changed in accordance with section 1742, and officers of the
Air Force Reserve or the Air National Guard who transfer to the Space
Force in accordance with section 1743, shall be placed on the Space
Force officer list in an order determined by their respective grades
and dates of rank.
(b) Officers of Same Grade and Date of Rank.--Among officers of the
same grade and date of rank, placement on the Space Force officer list
shall be in the order of their rank as determined in accordance with
section 741(c) of title 10, United States Code.
SEC. 1845. DISESTABLISHMENT OF REGULAR SPACE FORCE.
(a) Disestablishment.--The Secretary of the Air Force shall
disestablish the Regular Space Force not later than the end of the
transition period, once there are no longer any members remaining in
the Regular Space Force. The Regular Space Force shall be
disestablished upon the completion of the change of duty status of all
members of the Space Force pursuant to section 1742 and certification
by the Secretary of the Air Force to the congressional defense
committees that there are no longer any members of the Regular Space
Force.
(b) Publication of Notice in Federal Register.--The Secretary shall
publish in the Federal Register notice of the disestablishment of the
Regular Space Force, including the date thereof, together with any
certification submitted pursuant to subsection (a).
(c) Conforming Repeal.--
(1) Repeal.--Section 9085 of title 10, United States Code,
relating to the composition of the Regular Space Force, is
repealed.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date on which the certification is
submitted under subsection (a).
SEC. 1846. END STRENGTH FLEXIBILITY.
(a) Additional Authority To Vary End Strengths.--
(1) Authority.--Notwithstanding section 115(g) of title 10,
United States Code, upon determination by the Secretary of the
Air Force that such action would enhance manning and readiness
in essential units or in critical specialties, the Secretary
may vary the end strength authorized by Congress for a fiscal
year as follows:
(A) Increase the end strength authorized pursuant
to section 115(a)(1)(A) of such title for a fiscal year
for the Space Force by a number equal to not more than
5 percent of such authorized end strength.
(B) Decrease the end strength authorized pursuant
to section 115(a)(1)(A) of such title for a fiscal year
for the Space Force by a number equal to not more than
10 percent of such authorized end strength.
(2) Termination.--The authority provided under paragraph
(1) shall terminate on the last day of the transition period.
(b) Temporary Exemption for the Space Force From End Strength Grade
Restrictions.--Sections 517 and 523 of title 10, United States Code,
shall not apply to the Space Force during the transition period.
SEC. 1847. PROMOTION AUTHORITY FLEXIBILITY.
(a) Promotion Authority Flexibility.--During the transition period,
the Secretary of the Air Force may convene selection boards to consider
officers on the Space Force officer list for promotion, and may promote
Space Force officers selected by such boards, in accordance with any of
the following provisions of title 10, United States Code:
(1) Chapter 36.
(2) Part III of subtitle E.
(3) Chapter 2005, as added by section 1716.
(b) Coordination of Provisions.--(1) For a selection board convened
pursuant to subsection (a) to consider members of the Space Force for
promotion in accordance with chapter 36 of such title--
(A) provisions that apply to an officer of a regular
component of the Armed Forces shall apply to an officer of the
Space Force; and
(B) the Space Force officer list shall be considered to be
an active-duty list.
(2) For a selection board convened pursuant to subsection (a) to
consider members of the Space Force for promotion in accordance with
part III of subtitle E of such title--
(A) provisions that apply to an officer of a reserve
component of the Armed Forces shall apply to an officer of the
Space Force; and
(B) the Space Force officer list shall be considered to be
a reserve active-status list.
(3) For a selection board convened pursuant to subsection (a) to
consider members of the Space Force for promotion in accordance with
either chapter 36 or part III of subtitle E of such title--
(A) section 20213 of such title, as added by section 1716
if this Act, shall apply to the composition of the selection
board;
(B) the provisions of chapter 2005 of such title, as added
by such section 1716, regarding officers on the Space Force
officer list eligible to be considered for promotion to the
grade of brigadier general or major general shall apply;
(C) section 20216 of such title, as so added, shall apply;
and
(D) the provisions of chapter 36 or part III of subtitle E
of such title, as the case may be, regarding failure of
selection for promotion shall apply.
(c) Effect of Using New Chapter 2005 Authorities.--If the Secretary
of the Air Force convenes a selection board under chapter 2005 of title
10, United States Code, as added by section 1716, to consider officers
on the Space Force officer list in a particular grade and competitive
category for selection for promotion to the next higher grade, the
Secretary may not convene a future selection board pursuant to
subsection (a) to consider officers of the same grade and competitive
category under chapter 36 or part III of subtitle E of such title.
Subtitle D--Other Amendments Related to the Space Force
SEC. 1851. TITLE 10, UNITED STATES CODE.
(a) Amendments Relating to the Designation of Grades for Space
Force Officers.--Title 10, United States Code, is amended as follows:
(1) Commissioned officer grades.--Section 9151 is amended
by inserting ``and in the Space Force'' after ``in the Regular
Air Force''.
(2) Rank.--Section 741(a) is amended in the table by
striking ``and Marine Corps'' and inserting ``Marine Corps, and
Space Force''.
(3) Definition of general officer.--Section 101(b)(4) is
amended by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force''.
(4) Temporary appointments to positions designated to carry
the grade of general or lieutenant general.--Section 601(e) is
amended--
(A) by striking ``or Marine Corps,'' and inserting
``Marine Corps, or Space Force or''; and
(B) by striking ``or the commensurate grades in the
Space Force,''.
(5) Retired grade of officers.--Section 1370 is amended as
follows:
(A) Subsection (a)(2) is amended by striking ``rear
admiral in the Navy, or the equivalent grade in the
Space Force'' both places it appears and inserting ``or
rear admiral in the Navy''.
(B) Subsection (b) is amended --
(i) in paragraph (1)--
(I) by striking ``or Marine Corps''
and all that follows through ``the
Space Force,'' and inserting ``Marine
Corps, or Space Force or lieutenant in
the Navy,''; and
(II) in subparagraph (B), by
striking ``major general'' and all that
follows through ``Space Force'' and
inserting ``major general or rear
admiral'';
(ii) in paragraph (4), by striking ``or
Marine Corps'' and all that follows through
``Space Force,'' and inserting ``Marine Corps,
or Space Force or captain in the Navy,'';
(iii) in paragraph (5)--
(I) in subparagraph (A), by
striking ``or Marine Corps'' and all
that follows through ``Space Force,''
and inserting ``Marine Corps, or Space
Force or lieutenant commander in the
Navy,'';
(II) in subparagraph (B), by
striking ``or Marine Corps'' and all
that follows through ``Space Force,''
and inserting ``Marine Corps, or Space
Force or commander or captain in the
Navy,''; and
(III) in subparagraph (C), by
striking ``or Marine Corps'' and all
that follows through ``Space Force,''
and inserting ``Marine Corps, or Space
Force or rear admiral (lower half) or
rear admiral in the Navy,''; and
(iv) in paragraph (6), by striking ``, or
an equivalent grade in the Space Force,''.
(C) Subsection (c)(1) is amended by striking ``or
Marine Corps'' and all that follows through ``Space
Force'' and inserting ``Marine Corps, or Space Force or
vice admiral or admiral in the Navy''.
(D) Subsection (d) is amended--
(i) in paragraph (1), by striking ``or
Marine Corps'' and all that follows through
``Space Force'' and inserting ``Marine Corps,
or Space Force or rear admiral in the Navy'';
and
(ii) in paragraph (3), by striking ``or
Marine Corps'' and all that follows through
``Space Force,'' and inserting ``Marine Corps,
or Space Force or captain in the Navy,''.
(E) Subsection (e)(2) is amended by striking ``or
Marine Corps'' and all that follows through ``Space
Force,'' and inserting ``Marine Corps, or Space Force
or vice admiral or admiral in the Navy,''.
(F) Subsection (f) is amended --
(i) in paragraph (3)--
(I) in subparagraph (A), by
striking ``or Marine Corps'' and all
that follows through ``Space Force,''
and inserting ``Marine Corps, or Space
Force or rear admiral in the Navy'';
and
(II) in subparagraph (B), by
striking ``or Marine Corps'' and all
that follows through ``Space Force''
and inserting ``Marine Corps, or Space
Force or vice admiral or admiral in the
Navy''; and
(ii) in paragraph (6)--
(I) in subparagraph (A), by
striking ``or Marine Corps'' and all
that follows through ``Space Force,''
and inserting ``Marine Corps, or Space
Force or rear admiral in the Navy'';
and
(II) in subparagraph (B), by
striking ``or Marine Corps'' and all
that follows through ``Space Force,''
and inserting ``Marine Corps, or Space
Force or vice admiral or admiral in the
Navy''.
(6) Honorary promotions.--Sections 1563(c)(1) and
1563a(a)(1) are each amended--
(A) by striking ``general,'' and inserting
``general or''; and
(B) by striking ``, or an equivalent grade in the
Space Force''.
(7) Air force inspector general.--Section 9020(a) is
amended by striking ``the general, flag, or equivalent officers
of''.
(b) Other Title 10 Amendments.--Such title is further amended as
follows:
(1) Limitation on number of retired members ordered to
active duty.--Section 690(a) is amended by striking ``or Marine
Corps,'' and inserting ``Marine Corps, or Space Force,''.
(2) The uniform.--Section 772(i) is amended--
(A) by striking ``an Air Force School'' and
inserting ``an Air Force or Space Force school''; and
(B) by striking ``aviation badges of the Air
Force'' and inserting ``aviation or space badges of the
Air Force or Space Force''.
(3) Membership in military unions, organizing of military
unions, and recognition of military unions prohibited.--Section
976(a)(1)(C) is amended by inserting ``or the Space Force''
after ``member of a Reserve component''.
(4) Limitation on enlisted aides.--Section 981 is amended--
(A) in subsection (a), by striking ``Marine Corps,
Air Force,'' and inserting ``Air Force, Marine Corps,
Space Force,'';
(B) in subsection (b), by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space
Force''; and
(C) in subsection (c)(1), by inserting ``Space
Force,'' after ``Marine Corps,''.
(5) Definition of veteran for purposes of funeral honors.--
Section 1491(h)(1) is amended by striking ``or air service''
and inserting ``air, or space service''.
(6) Housing for recruits.--Section 9419(d) is amended by
inserting ``or the Space Force'' after ``training program of
the Air Force''.
(7) Charter of chief of space operations.--Section 9082 is
amended as follows:
(A) Cross-reference correction.--Subsection (d)(5)
is amended by striking ``sections'' and all that
follows through ``of law'' and inserting ``sections 171
and 3104 of this title and other provisions of law''.
(B) Elapsed-time provision.--Subsection (e)(1) is
amended by striking ``Commencing'' and all that follows
through ``the Chief'' and inserting ``The Chief''.
SEC. 1852. OTHER PROVISIONS OF LAW.
(a) Trade Act of 1974.--Section 233(i)(1) of the Trade Act of 1974
(19 U.S.C. 2293(i)(1)) is amended by inserting ``, or a member of the
Space Force,'' after ``a member of a reserve component of the Armed
Forces''.
(b) Title 28, United States Code (judiciary and Judicial
Procedure).--Section 631(c) of title 28, United States Code is amended
by inserting ``, members of the Space Force'' before ``, and members of
the Army National Guard''.
(c) Servicemembers Civil Relief Act.--The Servicemembers Civil
Relief Act (50 U.S.C. 3901 et seq.) is amended as follows:
(1) Definition of military service.--Section 101(2)(A) (50
U.S.C. 3911(2)(A)) is amended by inserting ``Space Force,''
after ``Marine Corps,''.
(2) Same rights and protections as reserves ordered to
report for military service.--Section 106 (50 U.S.C. 3917) is
amended by adding at the end the following new subsection:
``(c) Treatment of Members of Space Force.--The provisions of
subsection (a) apply to a member of the Space Force who is ordered to
report for military service in the same manner as to a member of a
reserve component who is ordered to report for military service.''.
(3) Exercise of rights under scra.--Section 108(5) (50
U.S.C. 3919(5)) is amended by inserting ``or as a member of the
Space Force'' before the period at the end.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2024''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2026; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2027.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2026; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2027 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later of--
(1) October 1, 2023; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $50,000,000
Georgia........................................ Fort Eisenhower............................... $163,000,000
Hawaii......................................... Aliamanu Military Reservation................. $20,000,000
Fort Shafter.................................. $23,000,000
Helemano Military Reservation................. $33,000,000
Schofield Barracks............................ $37,000,000
Kansas......................................... Fort Riley.................................... $105,000,000
Kentucky....................................... Fort Campbell................................. $38,000,000
Louisiana...................................... Fort Johnson.................................. $13,400,000
Massachusetts.................................. Soldier Systems Center Natick................. $18,500,000
Michigan....................................... Detroit Arsenal............................... $72,000,000
North Carolina................................. Fort Liberty.................................. $154,500,000
Pennsylvania................................... Letterkenny Army Depot........................ $89,000,000
Texas.......................................... Fort Bliss.................................... $74,000,000
Red River Army Depot.......................... $113,000,000
Washington..................................... Joint Base Lewis-McChord...................... $100,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ Grafenwoehr................................... $10,400,000
Hohenfels..................................... $56,000,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) and available for
military construction projects as specified in the funding table in
section 4601, the Secretary of the Army may carry out a military
construction project for the installation, and in the amount, set forth
in the following table as a prototype project under the pilot program
under section 4022(i) of title 10, United States Code, notwithstanding
subchapters I and III of chapter 169 and chapters 221 and 223 of title
10, United States Code:
Army Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................. Fort Liberty.................................. $85,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $78,746,000
Construction............
Kwajalein.............................. Kwajalein Atoll............ Family Housing $98,600,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Army may improve existing military family housing units in an amount
not to exceed $100,000,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $27,549,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO USE CASH PAYMENTS IN SPECIAL
ACCOUNT FROM LAND CONVEYANCE, NATICK SOLDIER SYSTEMS
CENTER, MASSACHUSETTS.
Section 2844(c)(2)(C) of the Military Construction Authorization
Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat.
1865) is amended by striking ``October 1, 2025'' and inserting
``October 1, 2027''.
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2018 PROJECT
AT KUNSAN AIR BASE, KOREA.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2101(b) of that Act
(131 Stat. 1819) and extended and modified by subsections (a) and (b)
of section 2106 of the Military Construction Act for Fiscal Year 2023
(division B of Public Law 117-263), shall remain in effect until
October 1, 2024, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2025, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Kunsan Air Base........... Unmanned Aerial Vehicle $53,000,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019
PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2101 of that Act (132 Stat. 2241), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Tango................ Command and Control $17,500,000
Facility................
Maryland.............................. Fort Meade................ Cantonment Area Roads.... $16,500,000
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2901 of that Act (132 Stat. 2286), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Bulgaria.............................. Nevo Selo FOS............. EDI: Ammunition Holding $5,200,000
Area....................
Romania............................... Mihail Kogalniceanu FOS... EDI: Explosives & Ammo $21,651,000
Load/Unload Apron.......
----------------------------------------------------------------------------------------------------------------
SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in paragraph (2), as
provided in section 2101(a) of that Act (134 Stat. 4295), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Yuma Proving Ground....... Ready Building........... $14,000,000
Georgia............................... Fort Gillem............... Forensic Lab............. $71,000,000
Louisiana............................. Fort Johnson.............. Information Systems $25,000,000
Facility................
----------------------------------------------------------------------------------------------------------------
(b) Child Development Center, Georgia.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorization under section 2865 of that Act (10 U.S.C. 2802
note) for the project described in paragraph (2) in Fort
Eisenhower, Georgia, shall remain in effect until October 1,
2024, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025, whichever is
later.
(2) Project described.--The project described in this
paragraph is the following:
Army: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Eisenhower........... Child Development Center. $21,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $42,100,000
Palms...........................................
Port Hueneme..................................... $110,000,000
Connecticut................................. Naval Submarine Base New London.................. $331,718,000
District of Columbia........................ Marine Barracks Washington....................... $131,800,000
Florida..................................... Naval Air Station Whiting Field.................. $141,500,000
Guam........................................ Andersen Air Force Base.......................... $497,620,000
Joint Region Marianas............................ $174,540,000
Naval Base Guam.................................. $946,500,000
Hawaii...................................... Marine Corps Base Kaneohe Bay.................... $227,350,000
Maryland.................................... Fort Meade....................................... $186,480,000
Naval Air Station Patuxent River................. $141,700,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $270,150,000
Marine Corps Base Camp Lejeune................... $183,780,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia........ $88,200,000
Virginia.................................... Dam Neck Annex................................... $109,680,000
Joint Expeditionary Base Little Creek - Fort $35,000,000
Story.
Marine Corps Base Quantico....................... $127,120,000
Naval Station Norfolk............................ $158,095,000
Naval Weapons Station Yorktown................... $221,920,000
Washington.................................. Naval Base Kitsap................................ $245,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti.................................... Camp Lemonnier................................... $106,600,000
Italy....................................... Naval Air Station Sigonella...................... $77,072,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for
military construction projects as specified in the funding table in
section 4601, the Secretary of the Navy may carry out a military
construction project for the installation, and in the amount, set forth
in the following table as a prototype project under the pilot program
under section 4022(i) of title 10, United States Code, notwithstanding
subchapters I and III of chapter 169 and chapters 221 and 223 of title
10, United States Code:
Navy Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Virginia.................................... Joint Expeditionary Base Little Creek - Fort $35,000,000
Story...........................................
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Installation or
Country Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guam................................. Joint Region Marianas.. Replace Andersen $121,906,000
Housing Ph 8.
Mariana Islands........ Replace Andersen $83,126,000
Housing (AF) PH7.
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $57,740,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $14,370,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019
PROJECTS.
(a) Navy Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2201 of that Act (132 Stat. 2243), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain.............................. SW Asia................ Fleet Maintenance $26,340,000
Facility & TOC.
North Carolina....................... Marine Corps Base Camp 2nd Radio BN Complex, $51,300,000
Lejeune. Phase 2.
South Carolina....................... Marine Corps Air Recycling/Hazardous $9,517,000
Station Beaufort. Waste Facility.
Washington........................... Bangor................. Pier and Maintenance $88,960,000
Facility.
----------------------------------------------------------------------------------------------------------------
(b) Laurel Bay Fire Station, South Carolina.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorization under section 2810 of that Act (132 Stat. 2266)
for the project described in paragraph (2) shall remain in
effect until October 1, 2024, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 2025, whichever is later.
(2) Project described.--The project described in this
paragraph is the following::
Navy: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina....................... Marine Corps Air Laurel Bay Fire Station $10,750,000
Station Beaufort.
----------------------------------------------------------------------------------------------------------------
(c) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorization set forth in the table in paragraph (2), as
provided in section 2902 of that Act (132 Stat. 2286), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Greece............................... Naval Support Activity EDI: Joint Mobility $41,650,000
Souda Bay. Processing Center.
----------------------------------------------------------------------------------------------------------------
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth in
the table in subsection (b), as provided in section 2201 of that Act
(134 Stat. 4297), shall remain in effect until October 1, 2024, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
California........................... Twentynine Palms....... Wastewater Treatment $76,500,000
Plant.
Guam................................. Joint Region Marianas.. Joint Communication $166,000,000
Upgrade.
Maine................................ NCTAMS LANT Detachment Perimeter Security..... $26,100,000
Cutler.
Nevada............................... Fallon................. Range Training Complex, $29,040,000
Phase I.
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... MacDill Air Force Base.......................... $131,000,000
Patrick Space Force Base........................ $27,000,000
Tyndall Air Force Base.......................... $252,000,000
Georgia Robins Air Force Base........................... $115,000,000
Guam.......................................... Joint Region Marianas........................... $411,000,000
Massachusetts................................. Hanscom Air Force Base.......................... $37,000,000
Mississippi................................... Columbus Air Force Base......................... $39,500,000
South Dakota.................................. Ellsworth Air Force Base........................ $235,000,000
Texas......................................... Joint Base San Antonio-Lackland................. $20,000,000
Utah.......................................... Hill Air Force Base............................. $82,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $85,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Royal Australian Air Force Base Darwin.......... $26,000,000
Royal Australian Air Force Base Tindal.......... $130,500,000
Norway........................................ Rygge Air Station............................... $119,000,000
Philippines................................... Cesar Basa Air Base............................. $35,000,000
Spain......................................... Moron Air Base.................................. $26,000,000
United Kingdom................................ Royal Air Force Fairford........................ $47,000,000
Royal Air Force Lakenheath...................... $78,000,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for
military construction projects as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out a military
construction project for the installation, and in the amount, set forth
in the following table as a prototype project under the pilot program
under section 4022(i) of title 10, United States Code, notwithstanding
subchapters I and III of chapter 169 and chapters 221 and 223 of title
10, United States Code:
Air Force Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts................................. Hanscom Air Force Base.......................... $37,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $229,282,000.
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $7,815,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorizations set forth in the table in paragraph (2), as
provided in section 2301(b) of that Act (130 Stat. 2697) and
extended by section 2304 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public
Law 117-181; 135 Stat. 2169), shall remain in effect until
October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Japan................................. Yokota Air Force Base..... C-130J Corrosion Control $23,777,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in paragraph (2), as
provided in section 2902 of that Act (130 Stat. 2743) and
extended by section 2304 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public
Law 117-181; 135 Stat. 2169), shall remain in effect until
October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorization set forth in the table in paragraph (2), as
provided in section 2301(a) of that Act (131 Stat. 1825) and
extended by section 2304(a) of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the
authorizations set forth in the table in paragraph (2), as
provided in section 2903 of that Act (131 Stat. 1876) and
extended by section 2304(b) of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019
PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2301 of that Act (132 Stat. 2246), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands....................... Tinian.................... APR-Cargo Pad with $46,000,000
Taxiway Extension.......
Tinian.................... APR-Maintenance Support $4,700,000
Facility................
Maryland.............................. Joint Base Andrews........ Child Development Center. $13,000,000
Joint Base Andrews........ PAR Relocate Haz Cargo $37,000,000
Pad and EOD Range.......
New Mexico............................ Holloman Air Force Base... MQ-9 FTU Ops Facility.... $85,000,000
Kirtland Air Force Base... Wyoming Gate Upgrade for $7,000,000
Anti-Terrorism
Compliance..............
United Kingdom........................ Royal Air Force Lakenheath F-35 ADAL Conventional $9,204,000
Munitions MX............
Utah.................................. Hill Air Force Base....... Composite Aircraft $26,000,000
Antenna Calibration Fac.
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2903 of that Act (132 Stat. 2287), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Slovakia.............................. Malacky................... EDI: Regional Munitions $59,000,000
Storage Area............
United Kingdom........................ RAF Fairford.............. EDI: Construct DABS-FEV $87,000,000
Storage.................
RAF Fairford.............. EDI: Munitions Holding $19,000,000
Area....................
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
PROJECTS.
(a) Air Force Construction and Land Acquisition Project.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorization set forth in the table in paragraph (2), as
provided in section 2301 of that Act (134 Stat. 4299), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Joint Base Langley-Eustis. Access Control Point Main $19,500,00
Gate with Lang Acq......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in paragraph (2), as
provided in section 2902 of that Act (134 Stat. 4373), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein.................. EDI: Rapid Airfield $36,345,000
Damage Repair Storage...
Spangdahlem Air Base...... EDI: Rapid Airfield $25,824,000
Damage Repair Storage...
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $147,975,000
California.................................. Marine Corps Air Station Miramar.............. $103,000,000
Naval Base Coronado........................... $51,000,000
Naval Base San Diego.......................... $101,644,000
Delaware.................................... Dover Air Force Base.......................... $30,500,000
Maryland.................................... Fort Meade.................................... $885,000,000
Joint Base Andrews............................ $38,300,000
Montana..................................... Great Falls International Airport............. $30,000,000
North Carolina.............................. Marine Corps Base Camp Lejeune................ $70,000,000
Utah........................................ Hill Air Force Base........................... $14,200,000
Virginia.................................... Fort Belvoir.................................. $185,000,000
Joint Expeditionary Base Little Creek - Fort $61,000,000
Story.
Pentagon...................................... $30,600,000
Washington.................................. Joint Base Lewis - McChord.................... $62,000,000
Manchester.................................... $71,000,000
Naval Undersea Warfare Center Keyport......... $37,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba......................................... Guantanamo Bay Naval Station.................. $257,000,000
Germany...................................... Baumholder.................................... $57,700,000
Ramstein Air Base............................. $181,764,000
Honduras..................................... Soto Cano Air Base............................ $41,300,000
Japan........................................ Kadena Air Base............................... $100,300,000
Spain........................................ Naval Station Rota............................ $80,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Station Miramar.............. $30,550,000
Naval Base San Diego.......................... $6,300,000
Vandenberg Space Force Base................... $57,000,000
Colorado.................................... Buckley Space Force Base...................... $14,700,000
Georgia..................................... Naval Submarine Base Kings Bay................ $49,500,000
Kansas...................................... Forbes Field.................................. $5,850,000
Missouri.................................... Lake City Army Ammunition Plant............... $80,100,000
Nebraska.................................... Offutt Air Force Base......................... $41,000,000
North Carolina.............................. Fort Liberty (Camp Mackall)................... $10,500,000
Oklahoma.................................... Fort Sill..................................... $76,650,000
Puerto Rico................................. Fort Buchanan................................. $56,000,000
Texas....................................... Fort Cavazos.................................. $18,250,000
Virginia.................................... Pentagon...................................... $2,250,000
Washington.................................. Joint Base Lewis - McChord.................... $49,850,000
Wyoming..................................... F.E. Warren Air Force Base.................... $25,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Korea........................................ K-16 Air Base................................. $5,650,000
Kuwait....................................... Camp Buehring................................. $18,850,000
----------------------------------------------------------------------------------------------------------------
(c) Improvement of Conveyed Utility Systems.--In the case of a
utility system that is conveyed under section 2688 of title 10, United
States Code, and that only provides utility services to a military
installation, notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code, the Secretary of
Defense or the Secretary of a military department may authorize a
contract with the conveyee of the utility system to carry out the
military construction projects set forth in the following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Nebraska..................................... Offutt Air Force Base......................... Microgrid and
Backup Power
North Carolina............................... Fort Liberty (Camp Mackall)................... Microgrid and
Backup Power
Texas........................................ Fort Cavazos.................................. Microgrid and
Backup Power
Washington................................... Joint Base Lewis - McChord.................... Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the
table in subsection (b), as provided in section 2401(b) of that Act
(131 Stat. 1829) and extended by section 2404 of the Military
Construction Authorization Act for Fiscal Year 2023 (division B of
Public Law 117-263), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... Punta Borinquen........ Ramey Unit School $61,071,000
Replacement...........
----------------------------------------------------------------------------------------------------------------
SEC. 2405. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.
(a) Extension.--
(1) In general.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the
authorizations set forth in the table in paragraph (2), as
provided in section 2401(b) of that Act (132 Stat. 2249), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany.............................. Baumholder............. SOF Joint Parachute $11,504,000
Rigging Facility......
Japan................................ Camp McTureous......... Betchel Elementary $94,851,000
School................
Iwakuni................ Fuel Pier............. $33,200,000
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Fiscal Year 2019 Project
in Baumholder, Germany.--
(1) Modification of project authority.--In the case of the
authorization contained in the table in section 2401(b) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2249) for
Baumholder, Germany, for construction of a SOF Joint Parachute
Rigging Facility, the Secretary of Defense may construct a
3,200 square meter facility.
(2) Modification of project amounts.--
(A) Division b table.--The authorization table in
section 2401(b) of the Military Construction Defense
Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2249), as extended
pursuant to subsection (a), is amended in the item
relating to Baumholder, Germany, by striking
``$11,504,000'' and inserting ``$23,000,000'' to
reflect the project modification made by paragraph (1).
(B) Division d table.--The funding table in section
4601 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2406) is amended in the item relating to
Defense-wide, Baumholder, Germany, SOF Joint Parachute
Rigging Facility, by striking ``$11,504'' in the
Conference Authorized column and inserting ``$23,000''
to reflect the project modification made by paragraph
(1).
SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
PROJECTS.
(a) Defense Agencies Construction and Land Acquisition Project.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorization set forth in the table in paragraph (2), as
provided in section 2401(b) of that Act (134 Stat. 4305), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Def Fuel Support Point Fuel Wharf............. $49,500,000
Tsurumi...............
----------------------------------------------------------------------------------------------------------------
(b) Energy Resilience and Conservation Investment Program
Projects.--
(1) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the
authorizations set forth in the table in paragraph (2), as
provided in section 2402 of that Act (134 Stat. 4306), shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in subsection (a) is as
follows:
ERCIP Projects: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas............................. Ebbing Air National PV Arrays and Battery $2,600,000
Guard Base............ Storage...............
California........................... Marine Corps Air Ground Install 10 Mw Battery $11,646,000
Combat Center Energy Storage for
Twentynine Palms...... Various Buildings.....
Military Ocean Terminal Military Ocean Terminal $29,000,000
Concord............... Concord Microgrid.....
Naval Support Activity Cogeneration Plant at $10,540,000
Monterey.............. B236..................
Italy................................ Naval Support Activity Smart Grid............. $3,490,000
Naples................
Nevada............................... Creech Air Force Base.. Central Standby $32,000,000
Generators............
Virginia............................. Naval Medical Center Retro Air Handling $611,000
Portsmouth............ Units From Constant
Volume; Reheat to
Variable Air Volume...
----------------------------------------------------------------------------------------------------------------
SEC. 2407. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2022
PROJECTS.
In the case of a utility system that is conveyed under section 2688
of title 10, United States Code, and that only provides utility
services to a military installation, notwithstanding subchapters I and
III of chapter 169 and chapters 221 and 223 of title 10, United States
Code, the Secretary of Defense or the Secretary of a military
department may authorize a contract with the conveyee of the utility
system to carry out the military construction projects set forth in the
following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Novosel.................................. Construct a 10 MW
RICE Generator
Plant and Micro-
Grid Controls
Georgia...................................... Fort Moore.................................... Construct 4.8MW
Generation and
Microgrid
Fort Stewart................................. Construct a 10 MW
Generation Plant,
with Microgrid
Controls
New York..................................... Fort Drum..................................... Well Field
Expansion Project
North Carolina............................... Fort Liberty.................................. Construct 10 MW
Microgrid
Utilizing
Existing and New
Generators
Fort Liberty.................................. Fort Liberty
Emergency Water
System
----------------------------------------------------------------------------------------------------------------
SEC. 2408. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2023
PROJECTS.
In the case of a utility system that is conveyed under section 2688
of title 10, United States Code, and that only provides utility
services to a military installation, notwithstanding subchapters I and
III of chapter 169 and chapters 221 and 223 of title 10, United States
Code, the Secretary of Defense or the Secretary of a military
department may authorize a contract with the conveyee of the utility
system to carry out the military construction projects set forth in the
following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Fort Stewart - Hunter Army Airfield........... Power Generation
and Microgrid
Kansas....................................... Fort Riley.................................... Power Generation
and Microgrid
Texas........................................ Fort Cavazos.................................. Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2023, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Bonifas........... Vehicle Maintenance $7,700,000
Shop.
Army................................. Camp Carroll........... Humidity-Controlled $189,000,000
Warehouse.
Army................................. Camp Humphreys......... Airfield Services $7,100,000
Storage Warehouse.
Army................................. Camp Walker............ Consolidated Fire and $48,000,000
Military Police
Station.
Army................................. Pusan.................. Warehouse Facility..... $40,000,000
Navy................................. Chinhae................ Electrical Switchgear $6,000,000
Building.
Air Force............................ Osan Air Base.......... Consolidated Operations $46,000,000
Group and Maintenance
Group Headquarters.
Air Force............................ Osan Air Base.......... Flight Line Dining $6,800,000
Facility.
Air Force............................ Osan Air Base.......... Reconnaissance Squadron $30,000,000
Operations and
Avionics Facility.
Air Force............................ Osan Air Base.......... Repair Aircraft $8,000,000
Maintenance Hangar
B1732.
Air Force............................ Osan Air Base.......... Upgrade Electrical $46,000,000
Distribution East,
Phase 2.
Air Force............................ Osan Air Base.......... Water Supply Treatment $22,000,000
Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Poland, and in the amounts, set forth in the following
table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Powidz................. Barracks and Dining $93,000,000
Facility.
Army................................. Powidz................. Rotary Wing Aircraft $35,000,000
Apron.
Army................................. Swietoszow............. Bulk Fuel Storage...... $35,000,000
Army................................. Swietoszow............. Rail Extension and $7,300,000
Railhead.
Air Force............................ Wroclaw................ Aerial Port of $59,000,000
Debarkation Ramp.
Air Force............................ Wroclaw................ Taxiways to Aerial Port $39,000,000
of Debarkation Ramp.
Defense-wide......................... Lubliniec.............. Special Operations $16,200,000
Forces Company
Operations Facility.
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Surprise Readiness Center........................ $15,000,000
Florida..................................... Camp Blanding.................................... $11,000,000
Idaho....................................... Jerome County Regional Site...................... $17,000,000
Illinois.................................... North Riverside Armory........................... $24,000,000
Kentucky Burlington....................................... $16,400,000
Mississippi Southaven........................................ $22,000,000
Missouri.................................... Belle Fontaine................................... $28,000,000
New Hampshire............................... Littleton........................................ $23,000,000
New Mexico.................................. Rio Rancho Training Site......................... $11,000,000
New York.................................... Lexington Avenue Armory.......................... $90,000,000
Ohio........................................ Camp Perry Joint Training Center................. $19,200,000
Oregon Washington County Readiness Center............... $26,000,000
Pennsylvania................................ Hermitage Readiness Center....................... $13,600,000
Rhode Island................................ North Kingstown.................................. $30,000,000
South Carolina.............................. Aiken County Readiness Center.................... $20,000,000
McCrady Training Center.......................... $7,900,000
Virginia.................................... Sandston RC & FMS 1.............................. $20,000,000
Wisconsin................................... Viroqua.......................................... $18,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Birmingham....................................... $57,000,000
Arizona..................................... Queen Creek...................................... $12,000,000
California.................................. Fort Hunter Liggett.............................. $40,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan.................................... Battle Creek..................................... $24,549,000
Virginia.................................... Marine Forces Reserve Dam Neck Virginia Beach.... $12,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Montgomery Regional Airport...................... $7,000,000
Alaska...................................... Joint Base Elmendorf - Richardson................ $7,000,000
Arizona..................................... Tucson International Airport..................... $11,600,000
Arkansas.................................... Ebbing Air National Guard Base................... $76,000,000
Colorado.................................... Buckley Space Force Base......................... $12,000,000
Indiana..................................... Fort Wayne International Airport................. $8,900,000
Oregon...................................... Portland International Airport................... $71,500,000
Pennsylvania................................ Harrisburg International Airport................. $8,000,000
Wisconsin................................... Truax Field...................................... $5,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Davis-Monthan Air Force Base..................... $8,500,000
California.................................. March Air Reserve Base........................... $226,500,000
Guam........................................ Joint Region Marianas............................ $27,000,000
Louisiana................................... Barksdale Air Force Base......................... $7,000,000
Texas....................................... Naval Air Station Joint Reserve Base Fort Worth.. $16,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2023, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2018 PROJECT
AT HULMAN REGIONAL AIRPORT, INDIANA.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2604 of that Act (131
Stat. 1836) and extended by section 2608 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public Law 117-
263), shall remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana.............................. Hulman Regional Airport Construct Small Arms $8,000,000
Range.................
----------------------------------------------------------------------------------------------------------------
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019 PROJECT
AT FRANCIS S. GABRESKI AIRPORT, NEW YORK.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorization set forth in the
table in subsection (b), as provided in section 2604 of that Act (132
Stat. 2255), shall remain in effect until October 1, 2024, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
New York............................. Francis S. Gabreski Security Forces/Comm. $20,000,000
Airport............... Training Facility.....
----------------------------------------------------------------------------------------------------------------
SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth in
the table in subsection (b), as provided in sections 2601, 2602, and
2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect
until October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2025,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas............................. Fort Chaffee........... National Guard $15,000,000
Readiness Center......
California........................... Bakersfield............ National Guard Vehicle $9,300,000
Maintenance Shop......
Colorado............................. Peterson Space Force National Guard $15,000,000
Base.................. Readiness Center......
Guam................................. Joint Region Marianas.. Space Control Facility $20,000,000
#5....................
Ohio................................. Columbus............... National Guard $15,000,000
Readiness Center......
Massachusetts........................ Devens Reserve Forces Automated Multipurpose $8,700,000
Training Area......... Machine Gun Range.....
North Carolina....................... Asheville.............. Army Reserve Center/ $24,000,000
Land..................
Puerto Rico.......................... Fort Allen............. National Guard $37,000,000
Readiness Center......
South Carolina....................... Joint Base Charleston. National Guard $15,000,000
Readiness Center......
Texas................................ Fort Worth............. Aircraft Maintenance $6,000,000
Hangar Addition/Alt...
Joint Base San Antonio. F-16 Mission Training $10,800,000
Center................
Virgin Islands....................... St. Croix.............. Army Aviation Support $28,000,000
Facility (AASF).......
....................... CST Ready Building..... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2610. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2022
PROJECT AT NICKELL MEMORIAL ARMORY, KANSAS.
(a) Transfer Authority.--From amounts appropriated for ``Military
Construction, Army National Guard'' pursuant to the authorization of
appropriations in section 2606 and available as specified in the
funding table in section 4601 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81, 135 Stat. 2315), the Secretary
of Defense may transfer not more than $420,000 to an appropriation for
``Military Construction, Air National Guard'' for use for studying,
planning, designing, and architect and engineer services for a
sensitive compartmented information facility project at Nickell
Memorial Armory, Kansas.
(b) Merger of Amounts Transferred.--Any amount transferred under
subsection (a) shall be merged with and available for the same
purposes, and for the same time period, as the ``Military Construction,
Air National Guard'' appropriation to which transferred.
(c) Authority.--Using amounts transferred pursuant to subsection
(a), the Secretary of the Air Force may carry out study, planning,
design, and architect and engineer services activities for a sensitive
compartmented information facility project at Nickell Memorial Armory,
Kansas.
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2023
PROJECT AT CAMP PENDLETON, CALIFORNIA.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year
2023 (division B of Public Law 117-263) and specified in the funding
table in section 4601 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) for Camp
Pendleton, California, for construction of an Area Maintenance Support
Activity, the Secretary of the Army may construct a 15,000 square foot
facility.
SEC. 2612. AUTHORITY TO CONDUCT RESTORATION AND MODERNIZATION PROJECTS
AT THE FIRST CITY TROOP READINESS CENTER IN PHILADELPHIA,
PENNSYLVANIA.
The Chief of the National Guard Bureau may expend amounts available
to the Army National Guard for facilities sustainment, restoration, and
modernization to conduct restoration and modernization projects at the
First City Troop Readiness Center in Philadelphia, Pennsylvania, if--
(1) the Commonwealth of Pennsylvania has a sufficient
remaining lease term for such center to realize the full
lifecycle benefit of such a project;
(2) the Federal contribution for such a project does not
exceed 50 percent of the cost of the project (inclusive of all
project costs); and
(3) the Chief of the National Guard Bureau notifies the
Committees on Armed Services of the Senate and the House of
Representatives not less than 15 days before awarding a
contract for such a project, which shall include an explanation
of the sufficiency of remaining lease term to justify the
investment.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2023, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act, as specified
in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
SEC. 2703. CLOSURE AND DISPOSAL OF THE PUEBLO CHEMICAL DEPOT, PUEBLO
COUNTY, COLORADO.
(a) In General.--The Secretary of the Army shall close the Pueblo
Chemical Depot in Pueblo County, Colorado (in this section referred to
as the ``Depot''), not later than one year after the completion of the
chemical demilitarization mission at such location in accordance with
the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction, done
at Geneva September 3, 1992, and entered into force April 29, 1997
(commonly referred to as the ``Chemical Weapons Convention'').
(b) Procedures.--The Secretary of the Army shall carry out the
closure and subsequent related property management and disposal of the
Depot, including the land, buildings, structures, infrastructure, and
associated equipment, installed equipment, material, and personal
property that comprise the Chemical Agent-Destruction Pilot Plant, in
accordance with the procedures and authorities for the closure,
management, and disposal of property under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(c) Office of Local Defense Community Cooperation Activities.--The
Office of Local Defense Community Cooperation of the Department of
Defense may make grants and supplement other Federal funds pursuant to
section 2391 of title 10, United States Code, to support closure and
reuse activities of the Depot.
(d) Treatment of Existing Permits.--Nothing in this section shall
be construed to prevent the removal or demolition by the Program
Executive Office, Assembled Chemical Weapons Alternatives of the
Department of the Army of existing buildings, structures,
infrastructure, and associated equipment, installed equipment,
material, and personal property of the Chemical Agent-Destruction Pilot
Plant at the Depot in accordance with Hazardous Waste Permit Number CO-
20-09-02-01 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
(commonly known as the ``Resource Conservation and Recovery Act of
1976'') issued by the State of Colorado, or any associated or follow-on
permits under such Act.
(e) Homeless Use.--Given the nature of activities undertaken at the
Chemical Agent-Destruction Pilot Plant at the Depot, such land,
buildings, structures, infrastructure, and associated equipment,
installed equipment, material, and personal property comprising the
Chemical Agent-Destruction Pilot Plant is deemed unsuitable for
homeless use and, in carrying out any closure, management, or disposal
of property under this section, need not be screened for homeless use
purposes pursuant to section 2905(b)(7) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
SEC. 2801. AUTHORITY FOR INDO-PACIFIC POSTURE MILITARY CONSTRUCTION
PROJECTS.
(a) Authority.--The Commander of the United States Indo-Pacific
Command (in this section referred to as the ``Commander'') may carry
out an unspecified military construction project not otherwise
authorized by law or may authorize the Secretary of a military
department to carry out such a project.
(b) Scope of Project Authority.--A project carried out under this
section may include any planning, designing, construction, development,
conversion, extension, renovation, or repair, whether to satisfy
temporary or permanent requirements, and, to the extent necessary, any
acquisition of land.
(c) Purposes.--A project carried out under this section shall be
for the purpose of--
(1) supporting the rotational deployments of the Armed
Forces;
(2) enhancing facility preparedness and military
installation resilience (as defined in section 101(e)(8) of
title 10, United States Code) in support of potential, planned,
or anticipated national defense activities; or
(3) providing for prepositioning and storage of equipment
and supplies.
(d) Location of Projects.--A project carried out under this
section--
(1) may be located--
(A) at a cooperative security location, forward
operating site, or contingency location for use by the
Armed Forces; or
(B) at a location used by the Armed Forces that is
owned or operated by Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands; and
(2) may be carried out without regard to whether the real
property or facilities at the location are under the
jurisdiction of the Department of Defense if the Commander
determines that the United States has a sufficient interest in
the property or facility to support the project.
(e) Maximum Amount.--The cost of any project carried out under this
section may not exceed $15,000,000.
(f) Available Amounts.--In carrying out a project under this
section, the Commander, or the Secretary of a military department when
authorized by the Commander, may use amounts authorized for--
(1) the INDOPACOM Military Construction Pilot Program fund;
and
(2) operation and maintenance that are made available to
the Commander, not to exceed 200 percent of the amount
specified in section 2805(c) of title 10, United States Code.
(g) Notice to Congress.--
(1) In general.--If the Commander decides to carry out a
project under this section with a cost exceeding $2,000,000,
the Commander shall notify the congressional defense committees
of that determination in an electronic medium pursuant to
section 480 of title 10, United States Code.
(2) Relevant details.--Notice under paragraph (1) with
respect to a project shall include relevant details of the
project, including the estimated cost, and may include a
classified annex.
(3) Timing.--A project under this section covered by
paragraph (1) may not be carried out until the end of the 14-
day period beginning on the date the notification under such
paragraph is received by the congressional defense committees.
(h) Annual Report.--Not later than December 31 of each year, the
Commander shall submit to the congressional defense committees a report
containing a list of projects funded, lessons learned, and, subject to
the concurrence of the President, recommended adjustments to the
authority under this section for the most recently ended fiscal year.
(i) Project Execution.--
(1) Project supervision.--Subsections (a) and (b) of
section 2851 of title 10, United States Code, shall not apply
to projects carried out under this section.
(2) Application of chapter 169 of title 10, united states
code.--When exercising the authority under subsection (a), the
Commander shall, for purposes of chapter 169 of title 10,
United States Code, be considered the Secretary concerned.
(j) Sunset.--The authority to carry out a project under this
section expires on March 31, 2029.
SEC. 2802. ORDERING AUTHORITY FOR MAINTENANCE, REPAIR, AND CONSTRUCTION
OF FACILITIES OF DEPARTMENT OF DEFENSE.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2817. Ordering authority
``(a) In General.--The head of a department or organization within
the Department of Defense may place an order, on a reimbursable basis,
with any other such department or organization for a project for the
maintenance and repair of a facility of the Department of Defense or
for a minor military construction project.
``(b) Obligations.--An order placed by the head of a department or
organization under subsection (a) is deemed to be an obligation of such
department or organization in the same manner as a similar order or
contract placed with a private contractor.
``(c) Contingency Expenses.--An order placed under subsection (a)
for a project may include an amount for contingency expenses that shall
not exceed 10 percent of the cost of the project.
``(d) Availability of Amounts.--Amounts appropriated or otherwise
made available to a department or organization of the Department of
Defense shall be available to pay an obligation of such department or
organization under this section in the same manner and to the same
extent as those amounts are available to pay an obligation to a private
contractor.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2817. Ordering authority.''.
SEC. 2803. APPLICATION OF AREA CONSTRUCTION COST INDICES OUTSIDE THE
UNITED STATES.
Section 2805(f) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``inside the United
States'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 2804. AUTHORIZATION OF COST-PLUS INCENTIVE-FEE CONTRACTING FOR
MILITARY CONSTRUCTION PROJECTS TO MITIGATE RISK TO THE
SENTINEL PROGRAM SCHEDULE AND COST.
(a) In General.--Notwithstanding section 3323(a) of title 10,
United States Code, the Secretary of Defense may authorize the use of
contracts using cost-plus incentive-fee contracting for military
construction projects associated with launch facilities, launch
centers, and related infrastructure of the Sentinel Program of the
Department of Defense for not more than one low-rate initial production
lot at each of the following locations:
(1) F.E. Warren Air Force Base.
(2) Malmstrom Air Force Base.
(3) Minot Air Force Base.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than quarterly
thereafter, the Secretary of Defense shall brief the congressional
defense committees on the following:
(1) Uncertainties with site conditions at locations
specified under subsection (a).
(2) The plan of the Department of Defense to transition to
firm, fixed price contracts for military construction following
any military construction projects carried out under subsection
(a).
(3) The acquisition process for military construction
projects carried out under subsection (a).
(4) Updates on the execution of military construction
projects carried out under subsection (a).
SEC. 2805. EXTENSIONS TO THE MILITARY LANDS WITHDRAWAL ACT RELATING TO
BARRY M. GOLDWATER RANGE.
(a) Renewal of Current Withdrawal and Reservation.--Section
3031(d)(1) of the Military Lands Withdrawal Act of 1999 (Public Law
106-65; 113 Stat. 907) is amended by striking ``25 years after the date
of the enactment of this Act'' and inserting ``on October 5, 2049''.
(b) Extension.--Section 3031(e) of the Military Lands Withdrawal
Act of 1999 (Public Law 106-65; 113 Stat. 908) is amended--
(1) in the subsection heading, by striking ``Initial''; and
(2) in paragraph (1), by striking ``initial''.
SEC. 2806. AUTHORITY TO LEASE LAND PARCEL FOR HOSPITAL AND MEDICAL
CAMPUS, BARRIGADA TRANSMITTER SITE, GUAM.
(a) No-cost Lease Authorized.--The Secretary of the Navy (in this
section referred to as the ``Secretary'') may lease to the Government
of Guam parcels of real property, including any improvements thereon,
consisting of approximately 102 acres of undeveloped land and
approximately 10.877 acres of utility easements in the municipality of
Barrigada and Mangilao, Guam, known as the Barrigada Transmitter Site,
for construction of a public hospital and medical campus, without fair
market consideration.
(b) Description of Property.--The exact acreage and legal
description of the property to be leased under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(c) Appraisal Not Required.--The lease under subsection (a) shall
not require an appraisal.
(d) Conditions of Lease.--
(1) Subject to certain existing encumbrances.--A lease of
property under subsection (a) shall be subject to all existing
easements, restrictions, and covenants of record, including
restrictive covenants, that the Secretary determines are
necessary to ensure that--
(A) the use of the property is compatible with
continued military activities by the Armed Forces of
the United States in Guam;
(B) the environmental condition of the property is
compatible with the use of the property as a public
hospital and medical campus;
(C) access is available to the United States to
conduct environmental remediation or monitoring as
required under section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h));
(D) the property is used only for a public hospital
and medical campus, which may include ancillary
facilities to support the hospital and campus, or as
set forth in subsection (e); and
(E) the public hospital and medical campus to be
constructed on the property shall--
(i) include--
(I) an MV-22-capable helipad;
(II) recompression chamber
capability; and
(III) perimeter fencing; and
(ii) allow for the relocation of weather
radar equipment owned by the United States at
the hospital or campus.
(2) Funding.--The Secretary is not required to fund the
construction or operation of a hospital or medical campus on
the property leased under subsection (a).
(3) Payment of administrative costs.--All direct and
indirect administrative costs, including for surveys, title
work, document drafting, closing, and labor, incurred by the
Secretary related to any lease of the property under subsection
(a) shall be borne by the Government of Guam.
(e) Additional Terms.--The Secretary may require such additional
terms and conditions in connection with the lease under subsection (a)
as the Secretary considers appropriate to protect the interests of the
United States.
(f) Not to Be Considered Excess, Transferred, or Disposed of.--The
property subject to any lease under subsection (a) may not be declared
to be excess real property to the needs of the Navy or transferred or
otherwise disposed of by the Navy or any Federal agency.
SEC. 2807. REVISION TO ACCESS AND MANAGEMENT OF AIR FORCE MEMORIAL.
Section 2863(e) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332), is
amended by striking ``the Foundation'' and inserting ``non-Federal
Government entities, the Secretary of the Air Force, or both''.
SEC. 2808. DEVELOPMENT AND OPERATION OF THE MARINE CORPS HERITAGE
CENTER AND THE NATIONAL MUSEUM OF THE MARINE CORPS.
(a) In General.--Chapter 861 of title 10, United States Code, is
amended by inserting after section 8617 the following new section:
``Sec. 8618. Marine Corps Heritage Center and the National Museum of
the Marine Corps
``(a) Joint Venture for Development and Continued Maintenance and
Operation.--The Secretary of the Navy (in this section referred to as
the `Secretary') may enter into a joint venture with the Marine Corps
Heritage Foundation (in this section referred to as the `Foundation'),
a nonprofit entity, for the design, construction, maintenance, and
operation of a multipurpose facility to be used for historical displays
for public viewing, curation, and storage of artifacts, research
facilities, classrooms, offices, and associated activities consistent
with the mission of the Marine Corps University. The facility shall be
known as the Marine Corps Heritage Center and the National Museum of
the Marine Corps (in this section referred to as the `Facility').
``(b) Design and Construction.--For each phase of development of
the Facility, the Secretary may--
``(1) permit the Foundation to contract for the design,
construction, or both of such phase of development; or
``(2) accept funds from the Foundation for the design,
construction, or both of such phase of development.
``(c) Acceptance Authority.--Upon completion of construction of any
phase of development of the Facility by the Foundation to the
satisfaction of the Secretary, and the satisfaction of any financial
obligations incident thereto by the Foundation, the Facility shall
become the real property of the Department of the Navy with all right,
title, and interest in and to the Facility belonging to the United
States.
``(d) Maintenance, Operation, and Support.--
``(1) In general.--The Secretary may, for the purpose of
maintenance and operation of the Facility--
``(A) enter into contracts or cooperative
agreements, on a sole-source basis, with the Foundation
for the procurement of property or services for the
direct benefit or use of the Facility; and
``(B) notwithstanding the requirements of
subsection (h) of section 2667 of this title and under
such terms and conditions as the Secretary considers
appropriate for the joint venture authorized under
subsection (a), lease in accordance with such section
2667 portions of the Facility to the Foundation for use
in generating revenue for activities of the Facility
and for such administrative purposes as may be
necessary for support of the Facility.
``(2) Consideration for lease.--In making a determination
of fair market value under section 2667(b)(4) of this title for
payment of consideration pursuant to a lease described in
paragraph (1)(B), the Secretary may consider the entirety of
the educational efforts of the Foundation, support by the
Foundation to the history division of the Marine Corps Heritage
Center, funding of museum programs and exhibits by the
Foundation, or other support related to the Facility, in
addition to the types of in-kind consideration provided under
section 2667(c) of this title.
``(3) Use for revenue-generating activities.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may authorize the Foundation to use real or
personal property within the Facility to conduct
revenue-generating activities in addition to those
authorized under paragraph (1)(B), as the Secretary
considers appropriate considering the work of the
Foundation and the needs of the Facility.
``(B) Limitation.--The Secretary may only authorize
the use of the Facility for a revenue-generating
activity if the Secretary determines the activity will
not interfere with activities and personnel of the
armed forces or the activities of the Facility.
``(4) Retention of lease payments.--The Secretary shall
retain lease payments received under paragraph (1)(B), other
than in-kind consideration authorized under paragraph (2) or
section 2667(c) of this title, solely for use in support of the
Facility, and funds received as lease payments shall remain
available until expended.
``(e) Use of Certain Gifts.--
``(1) In general.--Under regulations prescribed by the
Secretary, the Commandant of the Marine Corps may, without
regard to section 2601 of this title, accept, hold, administer,
invest, and spend any gift, devise, or bequest of personal
property of a value of $250,000 or less made to the United
States if such gift, devise, or bequest is for the benefit of
the Facility.
``(2) Expenses.--The Secretary may pay or authorize the
payment of any reasonable and necessary expense in connection
with the conveyance or transfer of a gift, devise, or bequest
under paragraph (1).
``(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the joint
venture authorized under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 861 of such title is amended by inserting after the item
relating to section 8617 the following new item:
``8618. Marine Corps Heritage Center and the National Museum of the
Marine Corps.''.
(c) Conforming Repeal.--Section 2884 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398; 114 Stat. 1654A-440) is repealed.
SEC. 2809. AUTHORITY FOR ACQUISITION OF REAL PROPERTY INTEREST IN PARK
LAND OWNED BY THE COMMONWEALTH OF VIRGINIA.
(a) Authority.--The Secretary of the Navy (in this section referred
to as the ``Secretary'') may acquire by purchase or lease approximately
225 square feet of land, including ingress and egress, at Westmoreland
State Park, Virginia, for the purpose of installing, operating,
maintaining, and protecting equipment to support research and
development activities by the Department of the Navy in support of
national security.
(b) Terms and Conditions.--The acquisition of property under
subsection (a) shall be subject to the following terms and conditions:
(1) The Secretary shall pay the Commonwealth of Virginia
fair market value for the property to be acquired, as
determined by the Secretary.
(2) Such other terms and conditions as considered
appropriate by the Secretary.
(c) Description of Property.--The legal description of the property
to be acquired under subsection (a) shall be determined by a survey
that is satisfactory to the Secretary and the Commonwealth of Virginia.
(d) Applicability of the Land and Water Conservation Fund Act.--The
provisions of chapter 2003 of title 54, United States Code, shall not
apply to the acquisition of property under subsection (a).
(e) Reimbursement.--The Secretary shall reimburse the Commonwealth
of Virginia for the reasonable and documented administrative costs
incurred by the Commonwealth of Virginia to execute the acquisition by
the Secretary of property under subsection (a).
(f) Termination of Real Property Interest.--The real property
interest acquired by the Secretary under subsection (a) shall
terminate, and be released without cost to the Commonwealth of
Virginia, when the Secretary determines such real property interest is
no longer required for national security purposes.
SEC. 2810. MOVEMENT OR CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT
MEADE, MARYLAND, OR ANOTHER APPROPRIATE LOCATION.
(a) Leaving Current Location.--Not later than September 30, 2026,
the Secretary of Defense shall completely vacate the offices of the
Joint Spectrum Center of the Department of Defense in Annapolis,
Maryland.
(b) Movement or Consolidation.--The Secretary shall take
appropriate action to move, consolidate, or both, the offices of the
Joint Spectrum Center to the headquarters building of the Defense
Information Systems Agency at Fort Meade, Maryland, or another
appropriate location chosen by the Secretary for national security
purposes to ensure the physical and cybersecurity protection of
personnel and missions of the Department of Defense.
(c) Status Update.--Not later than January 31 and July 31 of each
year until the Secretary has completed the requirements under
subsections (a) and (b), the Commander of the Defense Information
Systems Agency shall provide an in-person and written update on the
status of the completion of those requirements to the Committees on
Armed Services of the Senate and the House of Representatives and the
congressional delegation of Maryland.
(d) Termination of Existing Lease.--Upon vacating the offices of
the Joint Spectrum Center in Annapolis, Maryland, pursuant to
subsection (a), all right, title, and interest of the United States in
and to the existing lease for the Joint Spectrum Center in such
location shall be terminated.
(e) Repeal of Obsolete Authority.--Section 2887 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 569) is repealed.
SEC. 2811. TEMPORARY EXPANSION OF AUTHORITY FOR USE OF ONE-STEP TURN-
KEY SELECTION PROCEDURES FOR REPAIR PROJECTS.
During the five-year period beginning on the date of the enactment
of this Act, section 2862(a)(2) of title 10, United States Code, shall
be applied and administered by substituting ``$12,000,000'' for
``$4,000,000''.
SEC. 2812. MODIFICATION OF TEMPORARY INCREASE OF AMOUNTS IN CONNECTION
WITH AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILITARY
CONSTRUCTION.
(a) In General.--Section 2801 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public Law 117-
263) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) in subsection (b)(2), by substituting `$4,000,000'
for `$2,000,000';''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply as if included in the enactment of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public Law 117-
263).
SEC. 2813. PILOT PROGRAM ON REPLACEMENT OF SUBSTANDARD ENLISTED
BARRACKS.
(a) In General.--The Secretary concerned may, in accordance with
this section, carry out a pilot program under which the Secretary
concerned may replace an existing enlisted barracks with a new enlisted
barracks not otherwise authorized by law.
(b) Facility Requirements.--A new facility for an enlisted barracks
replaced under subsection (a)--
(1) may not have a greater personnel capacity than the
facility being replaced but may be physically larger than the
facility being replaced;
(2) must be replacing a facility that is in a substandard
condition, as determined by the Secretary concerned, and which
determination may not be delegated, in advance of project
approval;
(3) must be designed and utilized for the same purpose as
the facility being replaced;
(4) must be located on the same installation as the
facility being replaced; and
(5) must be designed to meet, at a minimum, current
standards for construction, utilization, and force protection.
(c) Source of Funds.--The Secretary concerned, in using the
authority under this section, may spend amounts available to the
Secretary concerned for operation and maintenance or unspecified
military construction.
(d) Congressional Notification.--When a decision is made to carry
out a replacement project under this section with an estimated cost in
excess of $10,000,000, the Secretary concerned shall submit, in an
electronic medium pursuant to section 480 of title 10, United States
Code, to the appropriate committees of Congress a report containing--
(1) the justification for the replacement project and the
current estimate of the cost of the project; and
(2) a description of the elements of military construction,
including the elements specified in section 2802(b) of such
title, incorporated into the project.
(e) Definitions.--In this section:
(1) Appropriate committees of congress; facility; secretary
concerned.--The terms ``appropriate committees of Congress'',
``facility'', and ``Secretary concerned'' have the meanings
given those terms in section 2801 of title 10, United States
Code.
(2) Enlisted barracks.--The term ``enlisted barracks''
means barracks designed and utilized for housing enlisted
personnel of the Armed Forces.
(3) Personnel capacity.--The term ``personnel capacity'',
with respect to an enlisted barracks, means the design capacity
for the number of enlisted personnel housed in the enlisted
barracks.
(4) Substandard condition.--The term ``substandard
condition'', with respect to a facility, means the facility can
no longer meet the requirements of current standards without
repair that would cost more than 75 percent of the replacement
cost.
(f) Sunset.--The authority under this section shall terminate on
the date that is five years after the date of the enactment of this
Act.
SEC. 2814. EXPANSION OF DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM
TO INCLUDE INSTALLATIONS OF THE COAST GUARD.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)(B), in the matter preceding
clause (i), by inserting ``, in consultation with the
Commandant of the Coast Guard,'' after ``The
Secretary''; and
(B) by adding at the end the following new
paragraph:
``(5) In considering grants, agreements, or other funding
under paragraph (1)(A) with respect to community infrastructure
supportive of a military installation of the Coast Guard, the
Secretary of Defense shall consult with the Commandant of the
Coast Guard to assess the selection and prioritization of the
project concerned.''; and
(2) in subsection (e)(1), by adding at the end the
following new sentence: ``For purposes of subsection (d), the
term `military installation' includes an installation of the
Coast Guard under the jurisdiction of the Department of
Homeland Security.''.
SEC. 2815. MODIFICATION OF PILOT PROGRAM ON INCREASED USE OF
SUSTAINABLE BUILDING MATERIALS IN MILITARY CONSTRUCTION.
Section 2861 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended--
(1) in subsection (b)(1), by striking the period at the end
and inserting ``to include, under the pilot program as a whole,
at a minimum--
``(A) one project for mass timber; and
``(B) one project for low carbon concrete.'';
(2) in subsection (d), by striking ``September 30, 2024''
and inserting ``September 30, 2025'';
(3) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Commencement of Construction.--Each military construction
project carried out under the pilot program must commence construction
by not later than January 1, 2025.''; and
(5) in subsection (f)(1), as redesignated by paragraph (3),
by striking ``December 31, 2024'' and inserting ``December 31,
2025''.
Subtitle B--Military Housing
PART I--MILITARY UNACCOMPANIED HOUSING
SEC. 2821. UNIFORM CONDITION INDEX FOR MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations requiring the Assistant Secretary of Defense for Energy,
Installations, and Environment to complete and issue a uniform facility
condition index for military unaccompanied housing, including such
housing that is existing as of the date of the enactment of this Act
and any such housing constructed or used on or after such date of
enactment.
(b) Completion of Index.--The uniform facility condition index
required under subsection (a) shall be completed and issued by not
later than October 1, 2024.
(c) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' means the following housing
owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2822. CERTIFICATION OF HABITABILITY OF MILITARY UNACCOMPANIED
HOUSING.
(a) In General.--The Secretary of Defense shall include with the
submission to Congress by the President of the annual budget of the
Department of Defense under section 1105(a) of title 31, United States
Code, a certification from the Secretary of each military department to
the congressional defense committees that the cost for all needed
repairs and improvements for each occupied military unaccompanied
housing facility under the jurisdiction of such Secretary does not
exceed 20 percent of the replacement cost of such facility, as mandated
by Department of Defense Manual 4165.63, ``DoD Housing Management'', or
successor issuance.
(b) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' means the following housing
owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2823. MAINTENANCE WORK ORDER MANAGEMENT PROCESS FOR MILITARY
UNACCOMPANIED HOUSING.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations to establish for each military department a process
associated with maintenance work order management for military
unaccompanied housing under the jurisdiction of such military
department, including such housing that is existing as of the date of
the enactment of this Act and any such housing constructed or used on
or after such date of enactment.
(b) Use of Process.--The processes required under subsection (a)
shall clearly define requirements for effective and timely maintenance
work order management, including requirements with respect to--
(1) quality assurance for maintenance completed;
(2) communication of maintenance progress and resolution
with management of military unaccompanied housing, barracks
managers, and residents; and
(3) standardized performance metrics, such as the
timeliness of completion of work orders.
(c) Administration.--The Secretary of each military department
shall administer the work order process required under subsection (a)
for such military department and shall issue or update relevant
guidance as necessary.
(d) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' means the following housing
owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2824. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR MILITARY
HOUSING TO INCLUDE MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Section 2818 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 2871 note) is amended--
(1) in the section heading, by striking ``family''; and
(2) in subsection (a)--
(A) by striking ``family''; and
(B) by inserting ``, including military
unaccompanied housing (as defined in section 2871 of
title 10, United States Code)'' before the period at
the end.
(b) Implementation.--
(1) In general.--In implementing the amendments made by
subsection (a), the Secretary of Defense shall ensure that the
standards required under section 2818 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2871 note), as modified
pursuant to those amendments, apply to military unaccompanied
housing that is existing as of the date of the enactment of
this Act and any such housing constructed or used on or after
such date of enactment.
(2) Military unaccompanied housing defined.--In this
subsection, the term ``military unaccompanied housing'' means
the following housing owned by the United States Government:
(A) Military housing intended to be occupied by
members of the Armed Forces serving a tour of duty
unaccompanied by dependents.
(B) Transient housing intended to be occupied by
members of the Armed Forces on temporary duty.
SEC. 2825. OVERSIGHT OF MILITARY UNACCOMPANIED HOUSING.
(a) Civilian Oversight.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to require that the Secretary of each
military department establish a civilian employee of the
Department of Defense, or of the military department concerned,
at the housing office for each installation of the Department
under the jurisdiction of such Secretary to oversee military
unaccompanied housing at that installation.
(2) Supervisory chain.--For any installation of the
Department for which the unaccompanied housing manager is a
member of the Armed Forces, the civilian employee established
under paragraph (1) at such installation shall report to a
civilian employee at the housing office for such installation.
(b) Barracks or Dormitory Manager Requirements.--
(1) Limitation on role by members of the armed forces.--No
enlisted member of the Armed Forces or commissioned officer may
be designated as a barracks manager or supervisor in charge of
overseeing, managing, accepting, or compiling maintenance
records for any military unaccompanied housing as a collateral
duty.
(2) Position designation.--The function of a barracks
manager or supervisor described in paragraph (1) for an
installation of the Department shall be completed by a civilian
employee or contractor of the Department who shall report to
the government housing office of the installation.
(c) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' means the following housing
owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2826. ELIMINATION OF FLEXIBILITIES FOR ADEQUACY OR CONSTRUCTION
STANDARDS FOR MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall modify all
directives, instructions, manuals, regulations, policies, and other
guidance and issuances of the Department of Defense to eliminate the
grant of any flexibilities to--
(1) minimum adequacy standards for configuration, privacy,
condition, health, and safety for existing permanent party
military unaccompanied housing to be considered suitable for
assignment or occupancy; and
(2) standards for the construction of new military
unaccompanied housing.
(b) Matters Included.--The requirement under subsection (a) shall
include modifications that remove the flexibility provided to the
military departments with respect to standards for adequacy for
assignment and new construction standards for military unaccompanied
housing, including modification of the Housing Management Manual of the
Department of Defense and Department of Defense Manual 4165.63, ``DoD
Housing Management''.
(c) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' means the following housing
owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2827. DESIGN STANDARDS FOR MILITARY UNACCOMPANIED HOUSING.
(a) Uniform Standards for Floor Space, Number of Members Allowed,
and Habitability.--
(1) In general.--Section 2856 of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``local
comparability of floor areas'' and inserting
``standards'';
(B) by striking ``In'' and inserting ``(a) Local
Comparability in Floor Areas.--In'';
(C) in subsection (a), as designated by
subparagraph (B), by inserting ``, except for purposes
of meeting minimum area requirements under subsection
(b)(1)(A),'' after ``exceed''; and
(D) by adding at the end the following new
subsection:
``(b) Floor Space, Number of Members Allowed, and Habitability.--
``(1) In general.--In the design, assignment, and use of
military unaccompanied housing, the Secretary of Defense shall
establish uniform standards that--
``(A) provide a minimum area of floor space, not
including bathrooms or closets, per individual
occupying a unit of military unaccompanied housing;
``(B) ensure that not more than two individuals may
occupy such a unit; and
``(C) provide definitions and measures for
habitability, specifying criteria of design and
materiel quality to be applied and levels of
maintenance to be required.
``(2) Waiver.--Standards established under paragraph (1)
may be waived for specific units of military unaccompanied
housing by the Secretary concerned (who may not delegate such
waiver) for a period not longer than one year and may not be
renewed.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10, United
States Code, is amended by striking the item relating to
section 2856 and inserting the following new item:
``2856. Military unaccompanied housing: standards.''.
(b) Completion and Issuance of Uniform Standards.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall--
(1)(A) ensure that the uniform standards required under
section 2856(b)(1) of title 10, United States Code, as added by
subsection (a)(1)(D), are completed and issued; and
(B) submit to the congressional defense committees a copy
of those standards; or
(2) submit to the congressional defense committees a
report, under the Secretary's signature--
(A) explaining in detail why those standards are
not completed and issued;
(B) indicating when those standards are expected to
be completed and issued; and
(C) specifying the names of the personnel
responsible for the failure of the Department of
Defense to comply with paragraph (1).
(c) Compliance With Uniform Standards.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of each military
department shall ensure that all military unaccompanied
housing, including privatized military housing under subchapter
IV of chapter 169 of title 10, United States Code, located on
an installation under the jurisdiction of such Secretary
complies with the uniform standards established under section
2856(b)(1) of title 10, United States Code, as added by
subsection (a)(1)(D).
(2) No waiver.--The requirement under paragraph (1) may not
be waived.
(3) Military unaccompanied housing defined.--In this
subsection, the term ``military unaccompanied housing'' has the
meaning given that term in section 2871 of title 10, United
States Code.
(d) Certification of Budget Requirements.--The Under Secretary of
Defense (Comptroller) shall include with the submission to Congress by
the President of the annual budget of the Department of Defense for
each of fiscal years 2025 through 2029 under section 1105(a) of title
31, United States Code, a signed certification that the Department of
Defense and each of the military departments has requested sufficient
funds to comply with this section and the amendments made by this
section.
SEC. 2828. TERMINATION OF HABITABILITY STANDARD WAIVERS AND ASSESSMENT
AND PLAN WITH RESPECT TO MILITARY UNACCOMPANIED HOUSING.
(a) Termination of Habitability Standard Waivers.--On and after
February 1, 2025, any waiver by the Department of Defense of
habitability standards for military unaccompanied housing in effect as
of such date shall terminate.
(b) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of each military department, shall submit to the
congressional defense committees an assessment on the following:
(1) The number of waivers currently in place for any
standards for military unaccompanied housing as it relates to
occupancy and habitability, disaggregated by Armed Force,
location, and facility.
(2) A list of each such waiver, disaggregated by Armed
Force, with a notation of which official appointed by the
President and confirmed by the Senate approved the waiver.
(3) The number of members of the Armed Forces impacted by
each such waiver, disaggregated by location.
(c) Plan.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of each military department,
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives and the Comptroller General of
the United States a plan on addressing the deficiencies of
military unaccompanied housing, including barracks and
dormitories, that led to the use of waivers described in
subsection (b)(1).
(2) Elements.--The plan required under paragraph (1) shall
include--
(A) a timeline for repairs, renovations, or minor
or major military construction;
(B) the cost of any such repair, renovation, or
construction; and
(C) an installation-by-installation get-well plan.
(3) Implementation.--Not later than 60 days after receiving
the plan required under paragraph (1), the Comptroller General
shall brief the Committees on Armed Services of the Senate and
the House of Representatives on--
(A) the ability of the Department of Defense to
execute the plan; and
(B) any recommendations of the Comptroller General
for modifying the plan.
(d) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' means the following housing
owned by the United States Government:
(1) Military housing intended to be occupied by members of
the Armed Forces serving a tour of duty unaccompanied by
dependents.
(2) Transient housing intended to be occupied by members of
the Armed Forces on temporary duty.
SEC. 2829. REQUIREMENT FOR SECURITY CAMERAS IN COMMON AREAS AND ENTRY
POINTS OF MILITARY UNACCOMPANIED HOUSING.
(a) New Housing.--The Secretary of Defense shall ensure that all
renovations of military unaccompanied housing authorized on or after
the date of the enactment of this Act that exceed 20 percent of the
replacement cost of such facility and all construction of new military
unaccompanied housing authorized on or after such date are designed and
executed with security cameras in all common areas and entry points as
part of a closed circuit television system.
(b) Retrofitting.--Not later than three years after the date of the
enactment of this Act, the Secretary shall ensure that all military
unaccompanied housing facilities are retrofitted with security cameras
in all common areas and entry points as part of a closed circuit
television system.
(c) Definitions.--In this section:
(1) Common area.--The term ``common area'' has the meaning
given that term by the Secretary of Defense and shall balance
the need to increase security in appropriate areas with the
privacy expectations of members of the Armed Forces in military
unaccompanied housing.
(2) Military unaccompanied housing.--The term ``military
unaccompanied housing'' means the following housing owned by
the United States Government:
(A) Military housing intended to be occupied by
members of the Armed Forces serving a tour of duty
unaccompanied by dependents.
(B) Transient housing intended to be occupied by
members of the Armed Forces on temporary duty.
SEC. 2830. ANNUAL REPORT ON MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for the following four
years, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on
military unaccompanied housing, excluding privatized military housing
under subchapter IV of chapter 169 of title 10, United States Code.
(b) Elements.--Each report required under subsection (a) shall
contain a section provided by each Secretary of a military department
that--
(1) is certified by the Secretary concerned;
(2) includes a list of all military unaccompanied housing
facilities located on each installation under the jurisdiction
of the Secretary concerned;
(3) identifies the replacement cost for each such facility;
(4) identifies the percentage of repair costs as it
compares to the total replacement cost for each such facility;
and
(5) specifies the funding required to conduct all needed
repairs and improvements at each such facility.
(c) Military Unaccompanied Housing Defined.--In this section, the
term ``military unaccompanied housing'' has the meaning given that term
in section 2871 of title 10, United States Code.
PART II--PRIVATIZED MILITARY HOUSING
SEC. 2841. IMPROVEMENTS TO PRIVATIZED MILITARY HOUSING.
(a) Limitation on Housing Enhancement Payments.--Section 606(a)(2)
of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232;10 U.S.C. 2871 note) is amended--
(1) in subparagraph (A)--
(A) by striking ``Each month'' and inserting
``Except as provided in subparagraph (D), each month'';
and
(B) by striking ``one of more'' and inserting ``one
or more''; and
(2) by adding at the end the following new subparagraph:
``(D) Limitation on payment.--
``(i) In general.--Subject to clause (ii),
the Secretary of a military department may not
make a payment under subparagraph (A) to a
lessor unless the Assistant Secretary of
Defense for Energy, Installations, and
Environment determines the lessor is in
compliance with the Military Housing
Privatization Initiative Tenant Bill of Rights
developed under section 2890 of title 10,
United States Code.
``(ii) Application.--The limitation under
clause (i) shall apply to any payment under a
housing agreement entered into on or after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024 by the
Secretary of a military department with a
lessor.''.
(b) Inclusion of Information on Compliance With Tenant Bill of
Rights in Notice of Lease Extension.--Section 2878(f)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(E) An assessment of compliance by the lessor with the
Military Housing Privatization Initiative Tenant Bill of Rights
developed under section 2890 of this title.''.
(c) Modification of Authority To Investigate Reprisals.--Subsection
(e) of section 2890 of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Assistant Secretary of Defense
for Sustainment'' and inserting ``Inspector General of
the Department of Defense''; and
(B) by striking ``member of the armed forces'' and
inserting ``tenant'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Assistant Secretary of
Defense for Sustainment'' and inserting
``Inspector General'';
(ii) by striking ``member of the armed
forces'' and inserting ``tenant''; and
(iii) by striking ``Assistant Secretary''
and inserting ``Inspector General''; and
(B) in subparagraph (B), by striking ``Assistant
Secretary'' and inserting ``Inspector General''; and
(3) in paragraph (3)--
(A) by striking ``Assistant Secretary of Defense
for Sustainment'' and inserting ``Inspector General of
the Department of Defense''; and
(B) by striking ``Secretary of the military
department concerned'' and inserting ``Inspector
General of the military department concerned''.
SEC. 2842. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
RELATING TO STRENGTHENING OVERSIGHT OF PRIVATIZED
MILITARY HOUSING.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) implement the recommendations of the Comptroller
General of the United States contained in the report published
by the Comptroller General on April 6, 2023, reissued with
revisions on April 20, 2023, and titled ``DOD Can Further
Strengthen Oversight of Its Privatized Housing Program'' (GAO-
23-105377); or
(2) if the Secretary does not implement any such
recommendation, submit to the Committees on Armed Services of
the Senate and the House of Representatives a report explaining
why the Secretary has not implemented those recommendations.
SEC. 2843. TREATMENT OF NONDISCLOSURE AGREEMENTS WITH RESPECT TO
PRIVATIZED MILITARY HOUSING.
Section 2890(f)(1) of title 10, United States Code, is amended--
(1) by striking ``A tenant or prospective tenant of a
housing unit may not be required to sign'' and inserting ``A
landlord may not request that a tenant or prospective tenant of
a housing unit sign''; and
(2) by inserting at the end the following: ``The military
services should seek to inform members of the armed forces of
the possible consequences of entering into a nondisclosure
agreement and encourage members to seek legal counsel before
entering into such an agreement if they have questions about
specific contractual terms.''.
PART III--OTHER HOUSING MATTERS
SEC. 2851. DEPARTMENT OF DEFENSE MILITARY HOUSING READINESS COUNCIL.
(a) In General.--Subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after section 1781c the following
new section:
``Sec. 1781d. Department of Defense Military Housing Readiness Council
``(a) In General.--There is in the Department of Defense the
Department of Defense Military Housing Readiness Council (in this
section referred to as the `Council').
``(b) Members.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Assistant Secretary of Defense for
Energy, Installations, and Environment, who shall serve
as chair of the Council and who may designate a
representative to chair the Council in the absence of
the Assistant Secretary.
``(B) One representative of each of the Army, Navy,
Air Force, Marine Corps, and Space Force, each of whom
shall be a member of the armed force to be represented
and not fewer than two of which shall be from an
enlisted component.
``(C) One spouse of a member of each of the Army,
Navy, Air Force, Marine Corps, and Space Force on
active duty, not fewer than two of which shall be the
spouse of an enlisted member.
``(D) One professional from each of the following
fields, each of whom shall possess expertise in State
and Federal housing standards in their respective
field:
``(i) Plumbing.
``(ii) Electrical.
``(iii) Heating, ventilation, and air
conditioning (HVAC).
``(iv) Certified home inspection.
``(v) Roofing.
``(vi) Structural engineering.
``(vii) Window fall prevention and safety.
``(E) Two representatives of organizations that
advocate on behalf of military families with respect to
military housing.
``(F) One individual appointed by the Secretary of
Defense among representatives of the International Code
Council.
``(G) One individual appointed by the Secretary of
Defense among representatives of the Institute of
Inspection Cleaning and Restoration Certification.
``(H) One individual appointed by the Secretary of
Defense among representatives of a voluntary consensus
standards body that develops construction standards
(such as building, plumbing, mechanical, or
electrical).
``(I) One individual appointed by the Secretary of
Defense among representatives of a voluntary consensus
standards body that develops personnel certification
standards for building maintenance or restoration.
``(2) Terms.--The term on the Council of the members
specified under subparagraphs (B) through (M) of paragraph (1)
shall be two years and may be renewed by the Secretary of
Defense.
``(3) Attendance by landlords.--The chair of the Council
shall extend an invitation to each landlord for one
representative of each landlord to attend such meetings of the
Council as the chair considers appropriate.
``(4) Additional requirements for certain members.--Each
member appointed under paragraph (1)(D) may not be affiliated
with--
``(A) any organization that provides privatized
military housing; or
``(B) the Department of Defense.
``(c) Meetings.--The Council shall meet two times each year.
``(d) Duties.--The duties of the Council shall include the
following:
``(1) To review and make recommendations to the Secretary
of Defense regarding policies for privatized military housing,
including inspections practices, resident surveys, landlord
payment of medical bills for residents of housing units that
have not maintained minimum standards of habitability, and
access to maintenance work order systems.
``(2) To monitor compliance by the Department of Defense
with and effective implementation by the Department of
statutory and regulatory improvements to policies for
privatized military housing, including the Military Housing
Privatization Initiative Tenant Bill of Rights developed under
section 2890 of this title and the complaint database
established under section 2894a of this title.
``(3) To make recommendations to the Secretary of Defense
to improve collaboration, awareness, and promotion of accurate
and timely information about privatized military housing,
accommodations available through the Exceptional Family Member
Program of the Department, and other support services among
policymakers, providers of such accommodations and other
support services, and targeted beneficiaries of such
accommodations and other support services.
``(e) Public Reporting.--
``(1) Availability of documents.--Subject to section 552 of
title 5 (commonly known as the `Freedom of Information Act'),
the records, reports, transcripts, minutes, appendices, working
papers, drafts, studies, agenda, and other documents made
available to or prepared for or by the Council shall be
available for public inspection and copying at a single
location in a publicly accessible format on a website of the
Department of Defense until the Council ceases to exist.
``(2) Minutes.--
``(A) In general.--Detailed minutes of each meeting
of the Council shall be kept and shall contain--
``(i) a record of the individuals present;
``(ii) a complete and accurate description
of matters discussed and conclusions reached;
and
``(iii) copies of all reports received,
issued, or approved by the Council.
``(B) Certification.--The chair of the Council
shall certify the accuracy of the minutes of each
meeting of the Council.
``(f) Annual Reports.--
``(1) In general.--Not later than March 1 each year, the
Council shall submit to the Secretary of Defense and the
congressional defense committees a report on privatized
military housing readiness.
``(2) Elements.--Each report under this subsection shall
include the following:
``(A) An assessment of the adequacy and
effectiveness of the provision of privatized military
housing and the activities of the Department of Defense
in meeting the needs of military families relating to
housing during the preceding fiscal year.
``(B) A description of activities of the Council
during the preceding fiscal year, including--
``(i) analyses of complaints of tenants of
housing units;
``(ii) data received by the Council on
maintenance response time and completion of
maintenance requests relating to housing units;
``(iii) assessments of dispute resolution
processes;
``(iv) assessments of overall customer
service for tenants;
``(v) assessments of results of housing
inspections conducted with and without notice;
and
``(vi) any survey results conducted on
behalf of or received by the Council.
``(C) Recommendations on actions to be taken to
improve the capability of the provision of privatized
military housing and the activities of the Department
of Defense to meet the needs and requirements of
military families relating to housing, including
actions relating to the allocation of funding and other
resources.
``(3) Public availability.--Each report under this
subsection shall be made available in a publicly accessible
format on a website of the Department of Defense.
``(g) Definitions.--In this section:
``(1) Landlord.--The term `landlord' has the meaning given
that term in section 2871 of this title.
``(2) Privatized military housing.--The term `privatized
military housing' means housing provided under subchapter IV of
chapter 169 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1781c the following new item:
``1781d. Department of Defense Military Housing Readiness Council.''.
SEC. 2852. INCLUSION IN ANNUAL STATUS OF FORCES SURVEY OF QUESTIONS
REGARDING LIVING CONDITIONS OF MEMBERS OF THE ARMED
FORCES.
The Secretary of Defense shall include in each status of forces
survey of the Department of Defense conducted on or after the date of
the enactment of this Act questions specifically targeting the
following areas:
(1) Overall satisfaction of members of the Armed Forces
with their current living accommodation.
(2) Satisfaction of such members with the physical
condition of their current living accommodation.
(3) Satisfaction of such members with the affordability of
their current living accommodation.
(4) Whether the current living accommodation of such
members has impacted any decision related to reenlistment in
the Armed Forces.
Subtitle C--Land Conveyances
SEC. 2861. LAND CONVEYANCE, BG J SUMNER JONES ARMY RESERVE CENTER,
WHEELING, WEST VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of
Wheeling, West Virginia (in this section referred to as the
``City''), all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 3.33 acres, known as the
former BG J Sumner Jones Army Reserve Center, located within
the City, for the purpose of providing emergency management
response or law enforcement services.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph (1)
shall be subject to any easement, restriction, or covenant of
record applicable to the property and in existence on the date
of the enactment of this Act.
(b) Revisionary Interest.--
(1) In general.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to
the property, including any improvements thereto, may, at the
option of the Secretary, revert to and become the property of
the United States, and the United States may have the right of
immediate entry onto such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity
for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City
to cover all costs (except costs for environmental remediation
of the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including costs
for environmental and real estate due diligence and any other
administrative costs related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected
from the City under paragraph (1) in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance under subsection (a), the Secretary shall refund the
excess amount to the City.
(d) Limitation on Source of Funds.--The City may not use Federal
funds to cover any portion of the costs required to be paid by the City
under this section.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2862. LAND CONVEYANCE, WETZEL COUNTY MEMORIAL ARMY RESERVE CENTER,
NEW MARTINSVILLE, WEST VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of New
Martinsville, West Virginia (in this section referred to as the
``City''), all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 2.96 acres, known as the
former Wetzel County Memorial Army Reserve Center, located
within the City, for the purpose of providing emergency
management response or law enforcement services.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph (1)
shall be subject to any easement, restriction, or covenant of
record applicable to the property and in existence on the date
of the enactment of this Act.
(b) Revisionary Interest.--
(1) In general.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to
the property, including any improvements thereto, may, at the
option of the Secretary, revert to and become the property of
the United States, and the United States may have the right of
immediate entry onto such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity
for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City
to cover all costs (except costs for environmental remediation
of the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including costs
for environmental and real estate due diligence and any other
administrative costs related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected
from the City under paragraph (1) in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance under subsection (a), the Secretary shall refund the
excess amount to the City.
(d) Limitation on Source of Funds.--The City may not use Federal
funds to cover any portion of the costs required to be paid by the City
under this section.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle D--Other Matters
SEC. 2871. AUTHORITY TO CONDUCT ENERGY RESILIENCE AND CONSERVATION
PROJECTS AT INSTALLATIONS WHERE NON-DEPARTMENT OF DEFENSE
FUNDED ENERGY PROJECTS HAVE OCCURRED.
Subsection (k) of section 2688 of title 10, United States Codes, is
amended to read as follows:
``(k) Improvement of Conveyed Utility System.--(1) In the case of a
utility system that has been conveyed under this section and that only
provides utility services to a military installation, the Secretary of
Defense or the Secretary of a military department may authorize a
contract on a sole source basis with the conveyee of the utility system
to carry out a military construction project as authorized and
appropriated for by law for an infrastructure improvement that enhances
the reliability, resilience, efficiency, physical security, or
cybersecurity of the utility system.
``(2) The Secretary of Defense or the Secretary of a military
Department may convey under subsection (j) any infrastructure
constructed under paragraph (1) that is in addition to the utility
system conveyed under such paragraph.''.
SEC. 2872. LIMITATION ON AUTHORITY TO MODIFY OR RESTRICT PUBLIC ACCESS
TO GREENBURY POINT CONSERVATION AREA AT NAVAL SUPPORT
ACTIVITY ANNAPOLIS, MARYLAND.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Navy may not modify or restrict public access to the
Greenbury Point Conservation Area at Naval Support Activity Annapolis,
Maryland, until--
(1) the Secretary submits to Congress a report describing
the manner in which such access will be modified or restricted;
and
(2) a law is enacted permitting such modifications or
restrictions.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) temporary restrictions to protect public safety that
are necessitated by emergent situations, hazardous conditions,
maintenance of existing facilities, or live fire exercises; or
(2) the lease or transfer of the Greenbury Point
Conservation Area to another public entity.
SEC. 2873. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO RESOLVE THE
ELECTRICAL UTILITY OPERATIONS AT FORMER NAVAL AIR STATION
BARBERS POINT (CURRENTLY KNOWN AS ``KALAELOA''), HAWAII.
(a) In General.--The Secretary of the Navy (in this section
referred to as the ``Secretary'') may enter into an agreement with the
State of Hawaii for the purpose of resolving the electrical utility
operations at Former Naval Air Station Barbers Point, also known as
``Kalaeloa'', Hawaii.
(b) Elements of Agreement.--An agreement entered into under
subsection (a) shall include a requirement that the Secretary--
(1) assist with--
(A) the transfer of customers of the Navy off of
the electrical utility system of the Navy in the
location specified in such subsection; and
(B) the enhancement of the new surrounding
electrical system to accept any additional load from
such transfer, with a priority in the downtown area,
which is home to nine large customers, including the
Hawaii Army National Guard;
(2) provide the instantaneous peak demand analysis and
design necessary to conduct such transfer;
(3) provide rights of way and easements necessary to
support the construction of replacement electrical
infrastructure; and
(4) be responsible for all environmental assessments and
remediation and costs related to the removal and disposal of
the electrical utility system of the Navy once it is no longer
in use.
(c) Limitation on Expenditure of Amounts.--The Secretary may expend
not more than $48,000,000 during any fiscal year to provide support for
an agreement entered into under subsection (a).
(d) Notification.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than every 180 days
thereafter, the Secretary shall submit to the congressional defense
committees a report on progress made in initiating and executing an
agreement under subsection (a).
SEC. 2874. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR
INSTALLATION OR FACILITY PROTOTYPING.
Section 4022(i) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a period;
(B) by striking subparagraph (B); and
(C) by striking ``paragraph (1)'' and all that
follows through ``not more'' and inserting ``paragraph
(1), except for projects carried out for the purpose of
repairing a facility, not more'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Use of amounts.--The Secretary of Defense or the
Secretary of a military department may carry out prototype
projects under the pilot program established under paragraph
(1) using amounts available for military construction,
notwithstanding--
``(A) subchapters I and III of chapter 169 of this
title; and
``(B) chapters 221 and 223 of this title.''.
SEC. 2875. REQUIREMENT THAT DEPARTMENT OF DEFENSE INCLUDE MILITARY
INSTALLATION RESILIENCE IN REAL PROPERTY MANAGEMENT AND
INSTALLATION MASTER PLANNING OF DEPARTMENT.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) update Department of Defense Instruction 4165.70
(relating to real property management) and Unified Facilities
Criteria 2-100-01 (relating to installation master planning)
to--
(A) include a requirement to incorporate the impact
of military installation resilience in all installation
master plans;
(B) include a list of all sources of information
approved by the Department of Defense;
(C) define the 17 military installation resilience
hazards to ensure that the impacts from such hazards
are reported consistently across the Department;
(D) require military installations to address the
rationale for determining that any such hazard is not
applicable to the installation;
(E) standardize reporting formats for military
installation resilience plans;
(F) establish and define standardized risk rating
categories for the use by all military departments; and
(G) define criteria for determining the level of
risk to an installation to compare hazards between
military departments; and
(2) require the Secretary of each military department to
update the handbook for the military department concerned to
incorporate the requirements under paragraph (1).
SEC. 2876. INCREASE OF LIMITATION ON FEE FOR ARCHITECTURAL AND
ENGINEERING SERVICES PROCURED BY MILITARY DEPARTMENTS.
(a) Army.--Section 7540(b) of title 10, United States Code, is
amended by striking ``6 percent'' and inserting ``10 percent''.
(b) Navy.--Section 8612(b) of such title is amended by striking ``6
percent'' and inserting ``10 percent''.
(c) Air Force.--Section 9540(b) of such title is amended by
striking ``6 percent'' and inserting ``10 percent''.
SEC. 2877. REQUIREMENT THAT ALL MATERIAL TYPES BE CONSIDERED FOR
DESIGN-BID-BUILD MILITARY CONSTRUCTION PROJECTS.
(a) In General.--The Secretary concerned may not proceed from the
design phase of a design-bid-build military construction project or
solicit bids for the construction phase of a design-bid-build military
construction project until the Secretary of Defense certifies that all
materials included in the Unified Facilities Criteria of the Department
of Defense have been equally considered for such project.
(b) Annual Report.--Not later than January 1 of each year, the
Under Secretary of Defense for Acquisition and Sustainment shall submit
to the congressional defense committees a report--
(1) detailing the primary construction material for each
design-bid-build military construction project for which a
contract was awarded during the previous fiscal year in an
amount that exceeds $6,000,000; and
(2) identifying whether each such project was designed or
constructed based off a shelf design used at another
installation of the Department of Defense.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 2878. CONTINUING EDUCATION CURRICULUM FOR MEMBERS OF THE MILITARY
CONSTRUCTION PLANNING AND DESIGN WORKFORCE AND
ACQUISITION WORKFORCE OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
continuing education curriculum for members of the military
construction planning and design workforce of the Department of Defense
and the acquisition workforce of the Department responsible for
military construction projects.
(b) Curriculum.--The continuing education curriculum required under
subsection (a)--
(1) shall be focused on improving the understanding,
awareness, and utilization of innovative products for
construction systems with increased benefits relating to--
(A) construction speed;
(B) anti-terrorism force protection;
(C) lateral wind, seismic activity, and fire
performance standards;
(D) designs that factor in military installation
resilience and protection against extreme weather
events;
(E) life-cycle cost effectiveness and
sustainability;
(F) renewability; and
(G) carbon sequestration; and
(2) shall include instruction relating to--
(A) all sustainable building materials, such as
innovative wood products and mass timber systems; and
(B) designs to improve military installation
resilience using projection data against extreme
weather events.
(c) Availability and Update.--The Secretary shall ensure that--
(1) the continuing education curriculum required under
subsection (a) is made available to each element of the
military construction community not later than 60 days after
completion of the curriculum; and
(2) such curriculum is updated whenever a new construction
material is approved by the Unified Facilities Criteria of the
Department.
(d) Academia Input.--In developing the continuing education
curriculum required under subsection (a), the Secretary shall consult
with academic institutions.
(e) Timing.--Not later than January 1, 2025, the Secretary shall
ensure that--
(1) not less than 75 percent of the workforce described in
subsection (a) has completed the first iteration of the
continuing education curriculum required under such subsection;
and
(2) such workforce receives updated information on
innovative construction techniques on a continuing basis.
(f) Report.--Not later than June 1, 2024, the Secretary shall
submit to appropriate committees of Congress a report containing an
update on the status of the continuing education curriculum required
under subsection (a).
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Subcommittee on Military Construction, Veterans Affairs
and Related Agencies of the Committee on Appropriations
of the Senate; and
(B) the Committee on Armed Services and the
Subcommittee on Military Construction, Veterans Affairs
and Related Agencies of the Committee on Appropriations
of the House of Representatives.
(2) Military installation resilience.--The term ``military
installation resilience'' has the meaning given that term in
section 101(e)(8) of title 10, United States Code.
SEC. 2879. GUIDANCE ON DEPARTMENT OF DEFENSE-WIDE STANDARDS FOR ACCESS
TO INSTALLATIONS OF THE DEPARTMENT.
(a) Interim Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall promulgate
interim guidance to the appropriate official or officials within the
Department of Defense for purposes of establishing final standards of
the Department for fitness of individuals for access to installations
of the Department, which shall include modifying Department of Defense
Manual 5200.08, ``Physical Security Program: Access to DoD
Installations'', or any comparable or successor policy guidance
document.
(b) Final Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall promulgate final
guidance described in subsection (a).
(c) Briefing.--Not later than 60 days after promulgating interim
guidance required under subsection (a), the Secretary of Defense shall
brief the Committees on Armed Services of the Senate the House of
Representatives on such guidance, which shall include a timeline for
promulgation of final guidance as required under subsection (b).
SEC. 2880. DEPLOYMENT OF EXISTING CONSTRUCTION MATERIALS.
(a) Plan.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a plan
to utilize, transfer, or donate to States on the southern border of the
United States all existing excess border wall construction materials,
including bollards, for constructing a permanent physical barrier to
stop illicit human and vehicle traffic along the border of the United
States with Mexico.
(b) Execution of Plan.--Not later than 15 days after submitting to
Congress the plan required under subsection (a), taking into account
ongoing audits being conducted by the Defense Contract Audit Agency and
ongoing construction contract negotiations by the Army Corps of
Engineers, so long as any ongoing audits or construction contract
negotiations are not a cause for delay, the Secretary shall work with
the Defense Logistics Agency to execute that plan until the Department
of Defense is no longer incurring any costs to maintain, store, or
protect the materials specified under such subsection.
(c) Requirements of Requesting States.--Any State requesting border
wall construction materials made available under this section must
certify, in writing, that the materials it accepts will be exclusively
used for the construction of a permanent physical barrier along the
border of the United States with Mexico.
(d) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
containing the following:
(1) A detailed description of the decision process of the
Secretary to forgo the excess property disposal process of the
Department of Defense and instead pay to store border wall
panels.
(2) A list of entities the Department is paying for use of
their privately owned land to store unused border wall
construction materials, with appropriate action taken to
protect personally identifiable information, such as by making
the list of entities available in an annex that is labeled as
controlled unclassified information.
(3) An explanation of the process through which the
Department contracted with private landowners to store unused
border wall construction materials, including whether there was
a competitive contracting process and whether the landowners
have instituted an inventory review system.
(4) A description of any investigations by the Inspector
General of the Department that have been opened related to
storing border wall construction materials.
SEC. 2881. TECHNICAL CORRECTIONS.
(a) Numu Newe Special Management Area.--Section 2902(c) of the
Military Construction Authorization Act for Fiscal Year 2023 (16 U.S.C.
460gggg(c)) is amended by striking ``217,845'' and inserting
``209,181''.
(b) Reduction of Impact of Fallon Range Training Complex
Modernization.--Section 2995(a)(3)(A) of the Military Land Withdrawals
Act of 2013 (title XXIX of Public Law 113-66), as added by section 2901
of the Military Construction Authorization Act for Fiscal Year 2023
(division B of Public Law 117-263; 136 Stat. 3016) is amended by
inserting ``Gas'' after ``Basin''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2024 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 24-D-513, Z-Pinch Experimental Underground System
Test Bed Facilities Improvement, Nevada National Security Site,
Nye County, Nevada, $80,000,000.
Project 24-D-512, TA-46 Protective Force Facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$48,500,000.
Project 24-D-511, Plutonium Production Building, Los Alamos
National Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 24-D-510, Analytic Gas Laboratory, Pantex Plant,
Panhandle, Texas, $35,000,000.
Project 24-D-530, Naval Reactors Facility Medical Science
Complex, Idaho Falls, Idaho, $36,584,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2024 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 24-D-401, Environmental Restoration Disposal
Facility Super Cell 11 Expansion Project, Hanford Site,
Richland, Washington, $1,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2024 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2024 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B-- Program Authorizations, Restrictions, and Limitations
SEC. 3111. LIMITATION ON USE OF FUNDS FOR NAVAL NUCLEAR FUEL SYSTEMS
BASED ON LOW-ENRICHED URANIUM.
None of the funds authorized to be appropriated by this Act for
fiscal year 2024 for the National Nuclear Security Administration for
the purpose of conducting research and development of an advanced naval
nuclear fuel system based on low-enriched uranium may be obligated or
expended until the following determinations are submitted to the
congressional defense committees:
(1) A determination made jointly by the Secretary of Energy
and the Secretary of Defense with respect to whether the
determination made jointly by the Secretary of Energy and the
Secretary of the Navy pursuant to section 3118(c)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1196) and submitted to the congressional
defense committees on March 25, 2018, that the United States
should not pursue research and development of an advanced naval
nuclear fuel system based on low-enriched uranium, remains
valid.
(2) A determination by the Secretary of the Navy with
respect to whether an advanced naval nuclear fuel system based
on low-enriched uranium can be produced that would not reduce
vessel capability, increase expense, or reduce operational
availability as a result of refueling requirements.
SEC. 3112. PROHIBITION ON ARIES EXPANSION BEFORE REALIZATION OF 30 PIT
PER YEAR BASE CAPABILITY.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is
amended by--
(a) redesignating subsection (f) as subsection (g); and
(b) inserting after subsection (e) the following new subsection
(f):
``(f) Prohibition on ARIES Expansion Before Realization of 30 Pit
Per Year Base Capability.--
``(1) In general.--Unless the Administrator certifies to
the congressional defense committees that the base capability
to produce 30 plutonium pits per year has been established at
Los Alamos National Laboratory, the Advanced Recovery and
Integrated Extraction System (commonly known as `ARIES') spaces
at the Plutonium Facility at Technical Area 55 (commonly known
as `PF-4') may not be modified, including by installing
additional equipment.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to--
``(A) the planning and design of an additional
ARIES capability; or
``(B) the transfer of the ARIES capability to a
location other than PF-4.''.
SEC. 3113. PLUTONIUM MODERNIZATION PROGRAM MANAGEMENT.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is
amended by adding at the end the following new subsection:
``(h) Not later than 570 days after the date of the enactment of
this Act, the Administrator for Nuclear Security shall ensure that the
plutonium modernization program established by the Office of Defense
Programs of the National Nuclear Security Administration, or any
subsequently developed program designed to meet the requirements under
subsection (a), is managed in accordance with the requirements of the
Enhanced Management A program management category described in the
execution instruction of the Office of Defense Programs entitled `DP
Program Execution Instruction: NA-10 Program Management Tools and
Processes' and issued on January 14, 2016, or any subsequent
directive.''.
SEC. 3114. PANTEX EXPLOSIVES MANUFACTURING CAPABILITY.
Subtitle A of title XLII of the Atomic Energy Defense Act (50
U.S.C. 2521 et seq.) is amended by adding at the end the following new
section:
``SEC. 4225. PANTEX EXPLOSIVES MANUFACTURING CAPABILITY.
``(a) In General.--Not later than the date on which the W87-1
modification program enters into phase 6.5 of the joint nuclear weapons
life cycle process (as defined in section 4220), the Administrator
shall establish at the Pantex Plant a conventional high explosives
production capability with sufficient capacity to support full rate
production of the main explosives used for the W87-1 warhead.
``(b) Briefing.--On the day after the date that the budget of the
President is submitted to Congress under section 1105(a) of title 31,
United States Code, for fiscal year 2025 and each fiscal year
thereafter, the Administrator shall brief the congressional defense
committees on the progress of the Administration in achieving the
capability described in subsection (a).
``(c) Termination.--Subsection (b) shall terminate upon the date
that the Administrator certifies to the congressional defense
committees that the capability described in subsection (a) has been
achieved.''.
SEC. 3115. LIMITATION ON ESTABLISHING AN ENDURING BIOASSURANCE PROGRAM
WITHIN THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Subtitle B of title XLVIII of the Atomic Energy
Defense Act (50 U.S.C. 2791 et seq.) is amended by adding at the end
the following section:
``SEC. 4815. LIMITATION ON ESTABLISHING AN ENDURING BIOASSURANCE
PROGRAM WITHIN THE ADMINISTRATION.
``(a) In General.--The Administrator may not establish a program
within the Administration for the purposes of executing an enduring
national security research and development effort to broaden the role
of the Department of Energy in national biodefense.
``(b) Rule of Construction.--The limitation described in subsection
(a) shall not be interpreted--
``(1) to prohibit the establishment of a bioassurance
program for the purpose of executing enduring national security
research and development in any component of the Department of
Energy other than the Administration or in any other Federal
agency; or
``(2) to impede the use of resources of the Administration,
including resources provided by a national security laboratory
or a nuclear weapons production facility site, to support the
execution of a bioassurance program, if such support is
provided--
``(A) on a cost-reimbursable basis to an entity
that is not a component of the Department of Energy;
and
``(B) in a manner that does not interfere with
mission of such laboratory or facility.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4814 the following new item:
``Sec. 4815. Limitation on establishing an enduring bioassurance
program within the Administration.''.
SEC. 3116. EXTENSION OF AUTHORITY ON ACCEPTANCE OF CONTRIBUTIONS FOR
ACCELERATION OR REMOVAL OR SECURITY OF FISSILE MATERIALS,
RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT
VULNERABLE SITES WORLDWIDE.
Section 4306B(f)(6) of the Atomic Energy Defense Act (50 U.S.C.
2569(f)(6)) is amended by striking ``2028'' and inserting ``2033''.
SEC. 3117. MODIFICATION OF REPORTING REQUIREMENTS FOR PROGRAM ON
VULNERABLE SITES.
(a) In General.--Section 4306B of the Atomic Energy Defense Act (50
U.S.C. 2569) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively; and
(3) in paragraph (6) of subsection (e), as so redesignated,
by striking ``2028'' and inserting ``2030''.
(b) Conforming Amendment.--Section 4309(c)(7) of the Atomic Energy
Defense Act (50 U.S.C. 2575(c)(7)) is amended by striking ``section
3132(f) of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (50 U.S.C. 2569(f))'' and inserting ``section
4306B(e)''.
SEC. 3118. IMPLEMENTATION OF ENHANCED MISSION DELIVERY INITIATIVE.
(a) In General.--Concurrent with the submission of the budget of
the President to Congress under section 1105(a) of title 31, United
States Code, for each of fiscal years 2025 through 2029, the
Administrator for Nuclear Security, acting through the Director for
Cost Estimating and Program Evaluation, shall brief the congressional
defense committees on the status of implementing the 18 principal
recommendations and associated subelements of the report entitled
``Evolving the Nuclear Security Enterprise: A Report of the Enhanced
Mission Delivery Initiative'', published by the National Nuclear
Security Administration in September 2022.
(b) Elements of Briefings.--Each briefing required by subsection
(a) shall address--
(1) the status of implementing each recommendation
described in subsection (a);
(2) with respect to each recommendation that has been
implemented, whether the outcome of such implementation is
achieving the desired result;
(3) with respect to each recommendation that has not been
implemented, the reason for not implementing such
recommendation;
(4) whether additional legislation is required in order to
implement a recommendation; and
(5) such other matters as the Administrator considers
necessary.
SEC. 3119. LIMITATION ON USE OF FUNDS UNTIL PROVISION OF SPEND PLAN FOR
W80-4 ALT WEAPON DEVELOPMENT.
Of the funds authorized to be appropriated by this Act for fiscal
year 2024 for operations of the Office of the Administrator for Nuclear
Security, not more than 50 percent may be obligated or expended until
the date on which the Administrator for Nuclear Security submits to the
congressional defense committees the spend plan for the warhead
associated with the sea-launched cruise missile required by section
1642(d) of the National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263).
SEC. 3120. ANALYSES OF NUCLEAR PROGRAMS OF FOREIGN COUNTRIES.
(a) Capability to Conduct Analyses of Nuclear Programs.--The
Secretary of Energy shall, using existing authorities of the Secretary,
take such actions as are necessary to improve the ability of the
Department of Energy to conduct comprehensive, integrated analyses of
the nuclear programs of foreign countries.
(b) Additional Analyses Required.--The Secretary shall conduct
analyses of--
(1) countries that may pursue nuclear weapons programs in
the future;
(2) developing technologies that make it easier for the
governments of countries or for non-state actors to acquire
nuclear weapons; and
(3) entities that may be developing the ability to supply
sensitive nuclear technologies but may not yet have effective
programs in place to ensure compliance with export controls.
SEC. 3121. ENHANCING NATIONAL NUCLEAR SECURITY ADMINISTRATION SUPPLY
CHAIN RELIABILITY.
(a) In General.--Subtitle A of title XLVIII of the Atomic Energy
Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end
the following new section:
``SEC. 4808. SUPPLY CHAIN RELIABILITY ASSURANCE PROGRAM.
``The Administrator shall establish a supply chain reliability
assurance program--
``(1) to facilitate collaboration with the Department of
Defense and industrial partners to maintain a reliable domestic
supplier base for critical materials to meet engineering and
performance requirements of the Administration and the
Department of Defense; and
``(2) to improve coordination with the Infrastructure and
Operations Program and the Programmatic Recapitalization
Working Group to improve planning for material requirements and
potential disruptions to commercial or contractor supply
chains, including with respect to--
``(A) assisting in coordination for forecasting
future needs in both legacy inventories and new
procurements;
``(B) establishing clear requirements for nuclear
security enterprise assurance and, when cost-effective,
to use capabilities of the Administration to restore
mission schedules at risk; and
``(C) collaborating with the Department of Defense
and industrial partners to establish processes to
mitigate manufacturing challenges and to develop
strategies to lower long-term costs, while identifying
and preserving production of materials and components
by the Administration.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4807 the following new item:
``Sec. 4808. Supply chain reliability assurance program.''.
SEC. 3122. TRANSFER OF CYBERSECURITY RESPONSIBILITIES TO ADMINISTRATOR
FOR NUCLEAR SECURITY.
The National Nuclear Security Administration Act (50 U.S.C. 2401 et
seq.) is amended--
(1) in section 3212(b) (50 U.S.C. 2402(b)), by adding at
the end the following new paragraph:
``(20) Information resources management, including
cybersecurity.''; and
(2) in section 3232(b)(3)(50 U.S.C. 2422(b)(3)), by
striking ``and cyber''.
SEC. 3123. REDESIGNATING DUTIES RELATED TO DEPARTMENTAL RADIOLOGICAL
AND NUCLEAR INCIDENT RESPONSES.
(a) Deputy Administrator for Defense Programs.--Section 3214(b) of
the National Nuclear Security Administration Act (50 U.S.C. 2404 (b))
is amended by striking paragraph (3).
(b) Administrator for Nuclear Security.--Section 3212(b)(7) of the
National Nuclear Security Administration Act (50 U.S.C. 2402(b)(7)) is
amended by inserting ``and Nuclear Emergency Support Team capabilities,
including all field-deployed and remote technical support to public
health and safety missions, countering weapons of mass destruction
operations, technical and operational nuclear forensics, and responses
to United States nuclear weapon accidents'' after ``management''.
SEC. 3124. MODIFICATION OF AUTHORITY TO ESTABLISH CERTAIN CONTRACTING,
PROGRAM MANAGEMENT, SCIENTIFIC, ENGINEERING, AND
TECHNICAL POSITIONS.
Section 3241 of the National Nuclear Security Administration Act
(50 U.S.C. 2441) is amended by striking ``800'' and inserting
``1,200''.
SEC. 3125. TECHNICAL AMENDMENTS TO THE ATOMIC ENERGY DEFENSE ACT.
The Atomic Energy Defense Act (50 U.S.C. 2501 et seq.) is amended--
(1) in section 4306(d)--
(A) in paragraph (1), by striking ``Not later than
March 15, 2005, the'' and inserting ``The''; and
(B) in paragraph (2), by striking ``Not later than
January 1, 2006, the'' and inserting ``The''; and
(2) in section 4807(f)(1), by striking ``2022'' and
inserting ``2030''.
SEC. 3126. AMENDMENT TO PERIOD FOR BRIEFING REQUIREMENTS.
Section 4807(f)(1) of the Atomic Energy Defense Act (50 U.S.C.
2787(f)(1)) is amended by striking ``2022'' and inserting ``2032''.
SEC. 3127. REPEAL OF REPORTING REQUIREMENTS FOR URANIUM CAPABILITIES
REPLACEMENT PROJECT.
Section 3123(g) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2178) is repealed.
Subtitle C--Budget and Financial Management Matters
SEC. 3131. UPDATED FINANCIAL INTEGRATION POLICY.
Not later than 180 days after the date of the enactment of this
Act, the Administrator for Nuclear Security shall issue an updated
financial integration policy, which shall include the following:
(1) Updated responsibilities for offices of the National
Nuclear Security Administration and requirements for management
and operating contractors, including contractors at sites that
are not sites of the Administration.
(2) Guidance for how offices of the Administration should
use common financial data, including guidance requiring that
such data be used as the primary source of financial data by
program offices, to the extent practicable.
(3) Processes recommended by the Government Accountability
Office to improve financial integration efforts of the
Administration, including an internal process to verify how
management and operating contractors crosswalk data from their
systems to the appropriate work breakdown structure of the
Administration and apply common cost element definitions.
(4) Any other matters the Administrator considers
appropriate.
Subtitle D--Other Matters
SEC. 3141. INTEGRATION OF TECHNICAL EXPERTISE OF DEPARTMENT OF ENERGY
INTO POLICYMAKING.
The Secretary of Energy shall take such measures as are necessary
to improve the integration of the scientific and technical expertise of
the Department of Energy, especially the expertise of the national
laboratories, into policymaking, including by--
(1) ensuring that such expertise is involved during
interagency discussions, regardless of the topic of such
discussions;
(2) decreasing restrictions on personnel of laboratories
and other facilities of the Department working in the
Department headquarters for 2- to 3-year rotations;
(3) increasing collaboration among program managers and
personnel of laboratories and other facilities of the
Department during policy deliberations; and
(4) creating mechanisms for providing technical advice to
officials of the Department responsible for nonproliferation
policy.
SEC. 3142. AMENDMENTS TO THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM ACT OF 2000.
(a) Short Title.--This section may be cited as the ``Beryllium
Testing Fairness Act''.
(b) Modification of Demonstration of Beryllium Sensitivity.--
Section 3621(8)(A) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l(8)(A)) is amended--
(1) by striking ``established by an abnormal'' and
inserting the following: ``established by--
``(i) an abnormal'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(ii) three borderline beryllium
lymphocyte proliferation tests performed on
blood cells over a period of 3 years.''.
(c) Extension of Advisory Board on Toxic Substances and Worker
Health.--Section 3687(j) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16(j)) is amended by
striking ``10 years'' and inserting ``15 years''.
SEC. 3143. PROHIBITION ON SALES OF PETROLEUM PRODUCTS FROM THE
STRATEGIC PETROLEUM RESERVE TO CERTAIN COUNTRIES.
(a) Prohibitions.--Notwithstanding any other provision of law,
unless a waiver has been issued under subsection (b), the Secretary of
Energy shall not draw down and sell petroleum products from the
Strategic Petroleum Reserve--
(1) to any entity that is under the ownership or control of
the Chinese Communist Party, the People's Republic of China,
the Russian Federation, the Democratic People's Republic of
Korea, or the Islamic Republic of Iran; or
(2) except on the condition that such petroleum products
will not be exported to the People's Republic of China, the
Russian Federation, the Democratic People's Republic of Korea,
or the Islamic Republic of Iran.
(b) Waiver.--
(1) In general.--On application by a bidder, the Secretary
of Energy may waive, prior to the date of the applicable
auction, the prohibitions described in subsection (a) with
respect to the sale of crude oil to that bidder at that
auction.
(2) Requirement.--The Secretary of Energy may issue a
waiver under this subsection only if the Secretary determines
that the waiver is in the interest of the national security of
the United States.
(3) Applications.--A bidder seeking a waiver under this
subsection shall submit to the Secretary of Energy an
application by such date, in such form, and containing such
information as the Secretary of Energy may require.
(4) Notice to congress.--Not later than 15 days after
issuing a waiver under this subsection, the Secretary of Energy
shall provide a copy of the waiver to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives.
SEC. 3144. U.S. NUCLEAR FUEL SECURITY INITIATIVE.
(a) Short Title.--This section may be cited as the ``Nuclear Fuel
Security Act of 2023''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department should--
(A) prioritize activities to increase domestic
production of low-enriched uranium; and
(B) accelerate efforts to establish a domestic
high-assay, low-enriched uranium enrichment capability;
and
(2) if domestic enrichment of high-assay, low-enriched
uranium will not be commercially available at the scale needed
in time to meet the needs of the advanced nuclear reactor
demonstration projects of the Department, the Secretary shall
consider and implement, as necessary--
(A) all viable options to make high-assay, low-
enriched uranium produced from inventories owned by the
Department available in a manner that is sufficient to
maximize the potential for the Department to meet the
needs and schedules of advanced nuclear reactor
developers, without impacting existing Department
missions, until such time that commercial enrichment
and deconversion capability for high-assay, low-
enriched uranium exists at a scale sufficient to meet
future needs; and
(B) all viable options for partnering with
countries that are allies or partners of the United
States to meet those needs and schedules until that
time.
(c) Objectives.--The objectives of this section are--
(1) to expeditiously increase domestic production of low-
enriched uranium;
(2) to expeditiously increase domestic production of high-
assay, low-enriched uranium by an annual quantity, and in such
form, determined by the Secretary to be sufficient to meet the
needs of--
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced,
converted, enriched, deconverted, and reduced uranium in a
quantity determined by the Secretary, in consultation with U.S.
nuclear energy companies, to be sufficient to address a
reasonably anticipated supply disruption;
(4) to address gaps and deficiencies in the domestic
production, conversion, enrichment, deconversion, and reduction
of uranium by partnering with countries that are allies or
partners of the United States if domestic options are not
practicable;
(5) to ensure that, in the event of a supply disruption in
the nuclear fuel market, a reserve of nuclear fuels is
available to serve as a backup supply to support the nuclear
nonproliferation and civil nuclear energy objectives of the
Department;
(6) to support enrichment, deconversion, and reduction
technology deployed in the United States; and
(7) to ensure that, until such time that domestic
enrichment and deconversion of high-assay, low-enriched uranium
is commercially available at the scale needed to meet the needs
of advanced nuclear reactor developers, the Secretary considers
and implements, as necessary--
(A) all viable options to make high-assay, low-
enriched uranium produced from inventories owned by the
Department available in a manner that is sufficient to
maximize the potential for the Department to meet the
needs and schedules of advanced nuclear reactor
developers; and
(B) all viable options for partnering with
countries that are allies or partners of the United
States to meet those needs and schedules.
(d) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Associated entity.--The term ``associated entity''
means an entity that--
(A) is owned, controlled, or dominated by--
(i) the government of a country that is an
ally or partner of the United States; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, a country that is an
ally or partner of the United States, including a
corporation that is incorporated in such a country.
(3) Associated individual.--The term ``associated
individual'' means an alien who is a national of a country that
is an ally or partner of the United States.
(4) Consortium.--The term ``consortium'' means the
consortium established under section 2001(a)(2)(F) of the
Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).
(5) Department.--The term ``Department'' means the
Department of Energy.
(6) High-assay, low-enriched uranium; haleu.--The term
``high-assay, low-enriched uranium'' or ``HALEU'' means high-
assay low-enriched uranium (as defined in section 2001(d) of
the Energy Act of 2020 (42 U.S.C. 16281(d))).
(7) Low-enriched uranium; leu.--The term ``low-enriched
uranium'' or ``LEU'' means each of--
(A) low-enriched uranium (as defined in section
3102 of the USEC Privatization Act (42 U.S.C. 2297h));
and
(B) low-enriched uranium (as defined in section
3112A(a) of that Act (42 U.S.C. 2297h-10a(a))).
(8) Programs.--The term ``Programs'' means--
(A) the Nuclear Fuel Security Program established
under subsection (e)(1);
(B) the American Assured Fuel Supply Program of the
Department; and
(C) the HALEU for Advanced Nuclear Reactor
Demonstration Projects Program established under
subsection (e)(3).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise
subject to the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
(e) Establishment and Expansion of Programs.--The Secretary,
consistent with the objectives described in subsection (c), shall--
(1) establish a program, to be known as the ``Nuclear Fuel
Security Program'', to increase the quantity of LEU and HALEU
produced by U.S. nuclear energy companies;
(2) expand the American Assured Fuel Supply Program of the
Department to ensure the availability of domestically produced,
converted, enriched, deconverted, and reduced uranium in the
event of a supply disruption; and
(3) establish a program, to be known as the ``HALEU for
Advanced Nuclear Reactor Demonstration Projects Program''--
(A) to maximize the potential for the Department to
meet the needs and schedules of advanced nuclear
reactor developers until such time that commercial
enrichment and deconversion capability for HALEU exists
in the United States at a scale sufficient to meet
future needs; and
(B) where practicable, to partner with countries
that are allies or partners of the United States to
meet those needs and schedules until that time.
(f) Nuclear Fuel Security Program.--
(1) In general.--In carrying out the Nuclear Fuel Security
Program, the Secretary--
(A) shall--
(i) not later than 180 days after the date
of enactment of this Act, enter into 2 or more
contracts to begin acquiring not less than 100
metric tons per year of LEU by December 31,
2026 (or the earliest operationally feasible
date thereafter), to ensure diversity of supply
in domestic uranium mining, conversion,
enrichment, and deconversion capacity and
technologies, including new capacity, among
U.S. nuclear energy companies;
(ii) not later than 180 days after the date
of enactment of this Act, enter into 2 or more
contracts with members of the consortium to
begin acquiring not less than 20 metric tons
per year of HALEU by December 31, 2027 (or the
earliest operationally feasible date
thereafter), from U.S. nuclear energy
companies;
(iii) utilize only uranium produced,
converted, enriched, deconverted, and reduced
in--
(I) the United States; or
(II) if domestic options are not
practicable, a country that is an ally
or partner of the United States; and
(iv) to the maximum extent practicable,
ensure that the use of domestic uranium
utilized as a result of that program does not
negatively affect the economic operation of
nuclear reactors in the United States; and
(B)(i) may not make commitments under this
subsection (including cooperative agreements (used in
accordance with section 6305 of title 31, United States
Code), purchase agreements, guarantees, leases, service
contracts, or any other type of commitment) for the
purchase or other acquisition of HALEU or LEU unless--
(I) funds are specifically provided for
those purposes in advance in appropriations
Acts enacted after the date of enactment of
this Act; or
(II) the commitment is funded entirely by
funds made available to the Secretary from the
account described in subsection (j)(2)(B); and
(ii) may make a commitment described in clause (i)
only--
(I) if the full extent of the anticipated
costs stemming from the commitment is recorded
as an obligation at the time that the
commitment is made; and
(II) to the extent of that up-front
obligation recorded in full at that time.
(2) Considerations.--In carrying out paragraph (1)(A)(ii),
the Secretary shall consider and, if appropriate, implement--
(A) options to ensure the quickest availability of
commercially enriched HALEU, including--
(i) partnerships between 2 or more
commercial enrichers; and
(ii) utilization of up to 10-percent
enriched uranium as feedstock in demonstration-
scale or commercial HALEU enrichment
facilities;
(B) options to partner with countries that are
allies or partners of the United States to provide LEU
and HALEU for commercial purposes;
(C) options that provide for an array of HALEU--
(i) enrichment levels;
(ii) output levels to meet demand; and
(iii) fuel forms, including uranium metal
and oxide; and
(D) options--
(i) to replenish, as necessary, Department
stockpiles of uranium that were intended to be
downblended for other purposes, but were
instead used in carrying out activities under
the HALEU for Advanced Nuclear Reactor
Demonstration Projects Program;
(ii) to continue supplying HALEU to meet
the needs of the recipients of an award made
pursuant to the funding opportunity
announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor
Demonstrations; and
(iii) to make HALEU available to other
advanced nuclear reactor developers and other
end-users.
(3) Avoidance of market disruptions.--In carrying out the
Nuclear Fuel Security Program, the Secretary, to the extent
practicable and consistent with the purposes of that program,
shall not disrupt or replace market mechanisms by competing
with U.S. nuclear energy companies.
(g) Expansion of the American Assured Fuel Supply Program.--The
Secretary, in consultation with U.S. nuclear energy companies, shall--
(1) expand the American Assured Fuel Supply Program of the
Department by merging the operations of the Uranium Reserve
Program of the Department with the American Assured Fuel Supply
Program; and
(2) in carrying out the American Assured Fuel Supply
Program of the Department, as expanded under paragraph (1)--
(A) maintain, replenish, diversify, or increase the
quantity of uranium made available by that program in a
manner determined by the Secretary to be consistent
with the purposes of that program and the objectives
described in subsection (c);
(B) utilize only uranium produced, converted,
enriched, deconverted, and reduced in--
(i) the United States; or
(ii) if domestic options are not
practicable, a country that is an ally or
partner of the United States;
(C) make uranium available from the American
Assured Fuel Supply, subject to terms and conditions
determined by the Secretary to be reasonable and
appropriate;
(D) refill and expand the supply of uranium in the
American Assured Fuel Supply, including by maintaining
a limited reserve of uranium to address a potential
event in which a domestic or foreign recipient of
uranium experiences a supply disruption for which
uranium cannot be obtained through normal market
mechanisms or under normal market conditions; and
(E) take other actions that the Secretary
determines to be necessary or appropriate to address
the purposes of that program and the objectives
described in subsection (c).
(h) HALEU for Advanced Nuclear Reactor Demonstration Projects
Program.--
(1) Activities.--On enactment of this Act, the Secretary
shall immediately accelerate and, as necessary, initiate
activities to make available from inventories or stockpiles
owned by the Department and made available to the consortium,
HALEU for use in advanced nuclear reactors that cannot operate
on uranium with lower enrichment levels or on alternate fuels,
with priority given to the awards made pursuant to the funding
opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations, with
additional HALEU to be made available to other advanced nuclear
reactor developers, as the Secretary determines to be
appropriate.
(2) Quantity.--In carrying out activities under this
subsection, the Secretary shall consider and implement, as
necessary, all viable options to make HALEU available in
quantities and forms sufficient to maximize the potential for
the Department to meet the needs and schedules of advanced
nuclear reactor developers, including by seeking to make
available--
(A) by September 30, 2024, not less than 3 metric
tons of HALEU;
(B) by December 31, 2025, not less than an
additional 8 metric tons of HALEU; and
(C) by June 30, 2026, not less than an additional
10 metric tons of HALEU.
(3) Factors for consideration.--In carrying out activities
under this subsection, the Secretary shall take into
consideration--
(A) options for providing HALEU from a stockpile of
uranium owned by the Department, including--
(i) uranium that has been declared excess
to national security needs during or prior to
fiscal year 2023;
(ii) uranium that--
(I) directly meets the needs of
advanced nuclear reactor developers;
but
(II) has been previously used or
fabricated for another purpose;
(iii) uranium that can meet the needs of
advanced nuclear reactor developers after
removing radioactive or other contaminants that
resulted from previous use or fabrication of
the fuel for research, development,
demonstration, or deployment activities of the
Department, including activities that reduce
the environmental liability of the Department
by accelerating the processing of uranium from
stockpiles designated as waste;
(iv) uranium from a high-enriched uranium
stockpile (excluding stockpiles intended for
national security needs), which can be blended
with lower assay uranium to become HALEU to
meet the needs of advanced nuclear reactor
developers; and
(v) uranium from stockpiles intended for
other purposes (excluding stockpiles intended
for national security needs), but for which
uranium could be swapped or replaced in time in
such a manner that would not negatively impact
the missions of the Department;
(B) options for expanding, or establishing new,
capabilities or infrastructure to support the
processing of uranium from Department inventories;
(C) options for accelerating the availability of
HALEU from HALEU enrichment demonstration projects of
the Department;
(D) options for providing HALEU from domestically
enriched HALEU procured by the Department through a
competitive process pursuant to the Nuclear Fuel
Security Program established under subsection (e)(1);
(E) options to replenish, as needed, Department
stockpiles of uranium made available pursuant to
subparagraph (A) with domestically enriched HALEU
procured by the Department through a competitive
process pursuant to the Nuclear Fuel Security Program
established under subsection (e)(1); and
(F) options that combine 1 or more of the
approaches described in subparagraphs (A) through (E)
to meet the deadlines described in paragraph (2).
(4) Limitations.--
(A) Certain services.--The Secretary shall not
barter or otherwise sell or transfer uranium in any
form in exchange for services relating to--
(i) the final disposition of radioactive
waste from uranium that is the subject of a
contract for sale, resale, transfer, or lease
under this subsection; or
(ii) environmental cleanup activities.
(B) Certain commitments.--In carrying out
activities under this subsection, the Secretary--
(i) may not make commitments under this
subsection (including cooperative agreements
(used in accordance with section 6305 of title
31, United States Code), purchase agreements,
guarantees, leases, service contracts, or any
other type of commitment) for the purchase or
other acquisition of HALEU or LEU unless--
(I) funds are specifically provided
for those purposes in advance in
appropriations Acts enacted after the
date of enactment of this Act; or
(II) the commitment is funded
entirely by funds made available to the
Secretary from the account described in
subsection (j)(2)(B); and
(ii) may make a commitment described in
clause (i) only--
(I) if the full extent of the
anticipated costs stemming from the
commitment is recorded as an obligation
at the time that the commitment is
made; and
(II) to the extent of that up-front
obligation recorded in full at that
time.
(5) Sunset.--The authority of the Secretary to carry out
activities under this subsection shall terminate on the date on
which the Secretary notifies Congress that the HALEU needs of
advanced nuclear reactor developers can be fully met by
commercial HALEU suppliers in the United States, as determined
by the Secretary, in consultation with U.S. nuclear energy
companies.
(i) Domestic Sourcing Considerations.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may only carry out an activity in connection with 1
or more of the Programs if--
(A) the activity promotes manufacturing in the
United States associated with uranium supply chains; or
(B) the activity relies on resources, materials, or
equipment developed or produced--
(i) in the United States; or
(ii) in a country that is an ally or
partner of the United States by--
(I) the government of that country;
(II) an associated entity; or
(III) a U.S. nuclear energy
company.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) with respect to an activity if the Secretary
determines a waiver to be necessary to achieve 1 or more of the
objectives described in subsection (c).
(j) Reasonable Compensation.--
(1) In general.--In carrying out activities under this
section, the Secretary shall ensure that any LEU and HALEU made
available by the Secretary under 1 or more of the Programs is
subject to reasonable compensation, taking into account the
fair market value of the LEU or HALEU and the purposes of this
section.
(2) Availability of certain funds.--
(A) In general.--Notwithstanding section 3302(b) of
title 31, United States Code, revenues received by the
Secretary from the sale or transfer of fuel feed
material acquired by the Secretary pursuant to a
contract entered into under clause (i) or (ii) of
subsection (f)(1)(A) shall--
(i) be deposited in the account described
in subparagraph (B);
(ii) be available to the Secretary for
carrying out the purposes of this section, to
reduce the need for further appropriations for
those purposes; and
(iii) remain available until expended.
(B) Revolving fund.--There is established in the
Treasury an account into which the revenues described
in subparagraph (A) shall be--
(i) deposited in accordance with clause (i)
of that subparagraph; and
(ii) made available in accordance with
clauses (ii) and (iii) of that subparagraph.
(k) Nuclear Regulatory Commission.--The Nuclear Regulatory
Commission shall prioritize and expedite consideration of any action
related to the Programs to the extent permitted under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.
(l) USEC Privatization Act.--The requirements of section 3112(d)(2)
of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall not
apply to activities related to the Programs.
(m) National Security Needs.--The Secretary shall only make
available to a member of the consortium under this section for
commercial use or use in a demonstration project material that the
President has determined is not necessary for national security needs
during or prior to fiscal year 2023, subject to the condition that the
material made available shall not include any material that the
Secretary determines to be necessary for the National Nuclear Security
Administration or any critical mission of the Department.
(n) International Agreements.--This section shall be applied in a
manner consistent with the obligations of the United States under
international agreements.
(o) Report on Civil Nuclear Credit Program.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report that
identifies the anticipated funding requirements for the civil nuclear
credit program described in section 40323 of the Infrastructure
Investment and Jobs Act (42 U.S.C. 18753), taking into account--
(1) the zero-emission nuclear power production credit
authorized by section 45U of the Internal Revenue Code of 1986;
and
(2) any increased fuel costs associated with the use of
domestic fuel that may arise from the implementation of that
program.
(p) Supply Chain Infrastructure and Workforce Capacity Building.--
(1) Supply chain infrastructure.--Section 10781(b)(1) of
Public Law 117-167 (commonly known as the ``CHIPS and Science
Act of 2022'') (42 U.S.C. 19351(b)(1)) is amended by striking
``and demonstration of advanced nuclear reactors'' and
inserting ``demonstration, and deployment of advanced nuclear
reactors and associated supply chain infrastructure''.
(2) Workforce capacity building.--Section 954(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended--
(A) in the subsection heading, by striking
``Graduate'';
(B) by striking ``graduate'' each place it appears;
(C) in paragraph (2)(A), by inserting ``community
colleges, trade schools, registered apprenticeship
programs, pre-apprenticeship programs,'' after
``universities,'';
(D) in paragraph (3), by striking ``2021 through
2025'' and inserting ``2023 through 2027'';
(E) by redesignating paragraph (3) as paragraph
(4); and
(F) by inserting after paragraph (2) the following:
``(A) Focus areas.--In carrying out the subprogram
under this subsection, the Secretary may implement
traineeships in focus areas that, in the determination
of the Secretary, are necessary to support the nuclear
energy sector in the United States, including--
``(i) research and development;
``(ii) construction and operation;
``(iii) associated supply chains; and
``(iv) workforce training and retraining to
support transitioning workforces.''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2024,
$47,230,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to read as
follows:
``Sec. 109. Maritime Administration
``(a) Organization and Mission.--The Maritime Administration is an
administration in the Department of Transportation. The mission of the
Maritime Administration is to foster, promote, and develop the merchant
maritime industry of the United States.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is appointed by the
President by and with the advice and consent of the Senate. The
Administrator shall report directly to the Secretary of Transportation
and carry out the duties prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime Administration
shall have a Deputy Maritime Administrator, who is appointed in the
competitive service by the Secretary, after consultation with the
Administrator. The Deputy Administrator shall carry out the duties
prescribed by the Administrator. The Deputy Administrator shall be
Acting Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another individual,
during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties and powers
of the Maritime Administration are vested in the Secretary.
``(e) Regional Offices.--The Maritime Administration shall have
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port
ranges, and may have other regional offices as necessary. The Secretary
shall appoint a qualified individual as Director of each regional
office. The Secretary shall carry out appropriate activities and
programs of the Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary shall
establish and maintain liaison with other agencies, and with
representative trade organizations throughout the United States,
concerned with the transportation of commodities by water in the export
and import foreign commerce of the United States, for the purpose of
securing preference to vessels of the United States for the
transportation of those commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the Maritime
Administration, not more than five officers of the Armed Forces may be
detailed to the Secretary at any one time, in addition to details
authorized by any other law. During the period of a detail, the
Secretary shall pay the officer an amount that, when added to the
officer's pay and allowances as an officer in the Armed Forces, makes
the officer's total pay and allowances equal to the amount that would
be paid to an individual performing work the Secretary considers to be
of similar importance, difficulty, and responsibility as that performed
by the officer during the detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary may
make contracts and cooperative agreements for the United States
Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers
under this section, subtitle V of title 46, and all
other Maritime Administration programs; and
``(B) protect, preserve, and improve collateral
held by the Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of the
business activities authorized by this section or subtitle V of
title 46. At least once a year, the Comptroller General shall
report to Congress any departure by the Secretary from this
section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise provided
by law, the administrative and related expenses for the administration
of any grant programs by the Maritime Administrator may not exceed 3
percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and powers
of the Secretary relating to the Maritime Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction
of vessels;
``(B) construction-differential subsidies incident
to the construction, reconstruction, or reconditioning
of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for
operating-differential subsidies;
``(E) expenses necessary for research and
development activities, including reimbursement of the
Vessel Operations Revolving Fund for losses resulting
from expenses of experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of
subtitle V of title 46; and
``(I) other operations and training expenses
related to the development of waterborne transportation
systems, the use of waterborne transportation systems,
and general administration.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 3201 and 4024 of
title 10, United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral or Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
3 FUTURE UAS FAMILY............. 53,453 53,453
5 SMALL UNMANNED AIRCRAFT 20,769 20,769
SYSTEMS......................
ROTARY
6 AH-64 APACHE BLOCK IIIA REMAN. 718,578 718,578
7 AH-64 APACHE BLOCK IIIA REMAN. 110,360 110,360
8 UH-60 BLACKHAWK M MODEL (MYP). 668,258 668,258
9 UH-60 BLACKHAWK M MODEL (MYP). 92,494 92,494
10 UH-60 BLACK HAWK L AND V 153,196 153,196
MODELS.......................
11 CH-47 HELICOPTER.............. 202,487 202,487
12 CH-47 HELICOPTER.............. 18,936 18,936
MODIFICATION OF AIRCRAFT
13 MQ-1 PAYLOAD.................. 13,650 13,650
14 GRAY EAGLE MODS2.............. 14,959 14,959
16 AH-64 MODS.................... 113,127 113,127
17 CH-47 CARGO HELICOPTER MODS 20,689 20,689
(MYP)........................
22 UTILITY HELICOPTER MODS....... 35,879 35,879
23 NETWORK AND MISSION PLAN...... 32,418 32,418
24 COMMS, NAV SURVEILLANCE....... 74,912 74,912
25 DEGRADED VISUAL ENVIRONMENT... 16,838 16,838
26 AVIATION ASSURED PNT.......... 67,383 67,383
27 GATM ROLLUP................... 8,924 8,924
29 UAS MODS...................... 2,258 2,258
GROUND SUPPORT AVIONICS
30 AIRCRAFT SURVIVABILITY 161,731 161,731
EQUIPMENT....................
31 SURVIVABILITY CM.............. 6,526 6,526
32 CMWS.......................... 72,041 72,041
33 COMMON INFRARED 261,384 261,384
COUNTERMEASURES (CIRCM)......
OTHER SUPPORT
34 COMMON GROUND EQUIPMENT....... 25,752 25,752
35 AIRCREW INTEGRATED SYSTEMS.... 22,097 22,097
36 AIR TRAFFIC CONTROL........... 21,216 21,216
37 LAUNCHER, 2.75 ROCKET......... 2,125 2,125
TOTAL AIRCRAFT PROCUREMENT, 3,012,440 3,012,440
ARMY.........................
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
1 LOWER TIER AIR AND MISSILE 6,625 6,625
DEFENSE (AMD) SEN............
3 M-SHORAD--PROCUREMENT......... 400,697 400,697
4 MSE MISSILE................... 1,212,832 1,212,832
6 PRECISION STRIKE MISSILE 384,071 384,071
(PRSM).......................
7 INDIRECT FIRE PROTECTION 313,189 313,189
CAPABILITY INC 2-I...........
8 MID-RANGE CAPABILITY (MRC).... 169,519 169,519
AIR-TO-SURFACE MISSILE SYSTEM
9 HELLFIRE SYS SUMMARY.......... 21,976 21,976
10 JOINT AIR-TO-GROUND MSLS 303,409 303,409
(JAGM).......................
12 LONG-RANGE HYPERSONIC WEAPON.. 156,821 156,821
ANTI-TANK/ASSAULT MISSILE SYS
13 JAVELIN (AAWS-M) SYSTEM 199,509 199,509
SUMMARY......................
14 TOW 2 SYSTEM SUMMARY.......... 120,475 120,475
15 GUIDED MLRS ROCKET (GMLRS).... 886,367 886,367
16 GUIDED MLRS ROCKET (GMLRS).... 55,913 55,913
17 MLRS REDUCED RANGE PRACTICE 10,334 10,334
ROCKETS (RRPR)...............
18 HIGH MOBILITY ARTILLERY ROCKET 179,230 179,230
SYSTEM (HIMARS...............
19 ARMY TACTICAL MSL SYS 7,307 7,307
(ATACMS)--SYS SUM............
MODIFICATIONS
21 PATRIOT MODS.................. 212,247 212,247
22 STINGER MODS.................. 36,484 36,484
23 AVENGER MODS.................. 22,274 22,274
25 MLRS MODS..................... 168,198 168,198
26 HIMARS MODIFICATIONS.......... 76,266 76,266
SPARES AND REPAIR PARTS
27 SPARES AND REPAIR PARTS....... 6,573 6,573
SUPPORT EQUIPMENT & FACILITIES
28 AIR DEFENSE TARGETS........... 11,701 11,701
TOTAL MISSILE PROCUREMENT, 4,962,017 4,962,017
ARMY.........................
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
1 ARMORED MULTI PURPOSE VEHICLE 554,777 554,777
(AMPV).......................
3 MOBILE PROTECTED FIREPOWER.... 394,635 394,635
MODIFICATION OF TRACKED COMBAT
VEHICLES
4 STRYKER UPGRADE............... 614,282 614,282
5 BRADLEY FIRE SUPPORT TEAM 5,232 5,232
(BFIST) VEHICLE..............
6 BRADLEY PROGRAM (MOD)......... 158,274 158,274
7 M109 FOV MODIFICATIONS........ 90,986 90,986
8 PALADIN INTEGRATED MANAGEMENT 469,152 469,152
(PIM)........................
9 IMPROVED RECOVERY VEHICLE (M88 41,058 41,058
HERCULES)....................
12 JOINT ASSAULT BRIDGE.......... 159,804 159,804
13 ABRAMS UPGRADE PROGRAM........ 697,883 697,883
14 ABRAMS UPGRADE PROGRAM........ 102,440 102,440
WEAPONS & OTHER COMBAT
VEHICLES
16 PERSONAL DEFENSE WEAPON (ROLL) 510 510
17 M240 MEDIUM MACHINE GUN 425 425
(7.62MM).....................
19 MACHINE GUN, CAL .50 M2 ROLL.. 3,420 3,420
20 MORTAR SYSTEMS................ 8,013 8,013
21 LOCATION & AZIMUTH 3,174 3,174
DETERMINATION SYSTEM (LADS...
22 XM320 GRENADE LAUNCHER MODULE 14,143 14,143
(GLM)........................
23 PRECISION SNIPER RIFLE........ 5,248 5,248
24 CARBINE....................... 571 571
25 NEXT GENERATION SQUAD WEAPON.. 292,850 292,850
26 HANDGUN....................... 32 32
MOD OF WEAPONS AND OTHER
COMBAT VEH
28 M777 MODS..................... 18,920 18,920
31 M119 MODIFICATIONS............ 13,097 13,097
32 MORTAR MODIFICATION........... 423 423
SUPPORT EQUIPMENT & FACILITIES
33 ITEMS LESS THAN $5.0M (WOCV- 1,148 1,148
WTCV)........................
34 PRODUCTION BASE SUPPORT (WOCV- 115,024 115,024
WTCV)........................
TOTAL PROCUREMENT OF W&TCV, 3,765,521 3,765,521
ARMY.........................
PROCUREMENT OF AMMUNITION,
ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES........ 90,853 90,853
2 CTG, 7.62MM, ALL TYPES........ 65,370 65,370
3 NEXT GENERATION SQUAD WEAPON 191,244 191,244
AMMUNITION...................
4 CTG, HANDGUN, ALL TYPES....... 6,597 6,597
5 CTG, .50 CAL, ALL TYPES....... 41,534 41,534
6 CTG, 20MM, ALL TYPES.......... 7,925 7,925
7 CTG, 25MM, ALL TYPES.......... 38,760 38,760
8 CTG, 30MM, ALL TYPES.......... 107,805 107,805
9 CTG, 40MM, ALL TYPES.......... 148,970 148,970
10 CTG, 50MM, ALL TYPES.......... 28,000 28,000
MORTAR AMMUNITION
11 60MM MORTAR, ALL TYPES........ 35,160 35,160
12 81MM MORTAR, ALL TYPES........ 40,562 40,562
13 120MM MORTAR, ALL TYPES....... 106,784 106,784
TANK AMMUNITION
14 CARTRIDGES, TANK, 105MM AND 300,368 300,368
120MM, ALL TYPES.............
ARTILLERY AMMUNITION
15 ARTILLERY CARTRIDGES, 75MM & 21,298 21,298
105MM, ALL TYPES.............
16 ARTILLERY PROJECTILE, 155MM, 150,839 150,839
ALL TYPES....................
18 PRECISION ARTILLERY MUNITIONS. 96,406 96,406
19 ARTILLERY PROPELLANTS, FUZES 172,947 172,947
AND PRIMERS, ALL.............
MINES
20 MINES & CLEARING CHARGES, ALL 71,182 71,182
TYPES........................
21 CLOSE TERRAIN SHAPING OBSTACLE 55,374 55,374
ROCKETS
22 SHOULDER LAUNCHED MUNITIONS, 18,630 18,630
ALL TYPES....................
23 ROCKET, HYDRA 70, ALL TYPES... 87,293 87,293
OTHER AMMUNITION
24 CAD/PAD, ALL TYPES............ 6,564 6,564
25 DEMOLITION MUNITIONS, ALL 24,238 24,238
TYPES........................
26 GRENADES, ALL TYPES........... 48,374 48,374
27 SIGNALS, ALL TYPES............ 23,252 23,252
28 SIMULATORS, ALL TYPES......... 11,309 11,309
MISCELLANEOUS
30 AMMO COMPONENTS, ALL TYPES.... 3,976 3,976
31 NON-LETHAL AMMUNITION, ALL 3,281 3,281
TYPES........................
32 ITEMS LESS THAN $5 MILLION 17,436 17,436
(AMMO).......................
33 AMMUNITION PECULIAR EQUIPMENT. 13,133 13,133
34 FIRST DESTINATION 18,068 18,068
TRANSPORTATION (AMMO)........
35 CLOSEOUT LIABILITIES.......... 102 102
PRODUCTION BASE SUPPORT
36 INDUSTRIAL FACILITIES......... 726,135 726,135
37 CONVENTIONAL MUNITIONS 183,752 183,752
DEMILITARIZATION.............
38 ARMS INITIATIVE............... 4,057 4,057
TOTAL PROCUREMENT OF 2,967,578 2,967,578
AMMUNITION, ARMY.............
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
1 SEMITRAILERS, FLATBED:........ 22,751 22,751
2 SEMITRAILERS, TANKERS......... 40,359 40,359
3 HI MOB MULTI-PURP WHLD VEH 25,904 25,904
(HMMWV)......................
4 GROUND MOBILITY VEHICLES (GMV) 36,223 36,223
6 JOINT LIGHT TACTICAL VEHICLE 839,413 839,413
FAMILY OF VEHICL.............
7 TRUCK, DUMP, 20T (CCE)........ 20,075 20,075
8 FAMILY OF MEDIUM TACTICAL VEH 110,734 110,734
(FMTV).......................
9 FAMILY OF COLD WEATHER ALL- 28,745 28,745
TERRAIN VEHICLE (C...........
10 FIRETRUCKS & ASSOCIATED 55,340 55,340
FIREFIGHTING EQUIP...........
11 FAMILY OF HEAVY TACTICAL 66,428 66,428
VEHICLES (FHTV)..............
12 PLS ESP....................... 51,868 51,868
14 TACTICAL WHEELED VEHICLE 3,792 3,792
PROTECTION KITS..............
15 MODIFICATION OF IN SVC EQUIP.. 80,326 80,326
NON-TACTICAL VEHICLES
16 PASSENGER CARRYING VEHICLES... 2,203 2,203
17 NONTACTICAL VEHICLES, OTHER... 8,246 8,246
COMM--JOINT COMMUNICATIONS
18 SIGNAL MODERNIZATION PROGRAM.. 161,585 161,585
19 TACTICAL NETWORK TECHNOLOGY 358,646 358,646
MOD IN SVC...................
20 DISASTER INCIDENT RESPONSE 254 254
COMMS TERMINAL (DI...........
21 JCSE EQUIPMENT (USRDECOM)..... 5,097 5,097
COMM--SATELLITE COMMUNICATIONS
24 DEFENSE ENTERPRISE WIDEBAND 101,181 101,181
SATCOM SYSTEMS...............
25 TRANSPORTABLE TACTICAL COMMAND 54,849 54,849
COMMUNICATIONS...............
26 SHF TERM...................... 41,634 41,634
27 ASSURED POSITIONING, 202,370 202,370
NAVIGATION AND TIMING........
28 EHF SATELLITE COMMUNICATION... 19,122 19,122
30 GLOBAL BRDCST SVC--GBS........ 531 531
COMM--C3 SYSTEM
31 COE TACTICAL SERVER 77,999 77,999
INFRASTRUCTURE (TSI).........
COMM--COMBAT COMMUNICATIONS
32 HANDHELD MANPACK SMALL FORM 765,109 765,109
FIT (HMS)....................
33 ARMY LINK 16 SYSTEMS.......... 60,767 60,767
35 UNIFIED COMMAND SUITE......... 18,999 18,999
36 COTS COMMUNICATIONS EQUIPMENT. 492,001 492,001
37 FAMILY OF MED COMM FOR COMBAT 1,374 1,374
CASUALTY CARE................
38 ARMY COMMUNICATIONS & 52,485 52,485
ELECTRONICS..................
COMM--INTELLIGENCE COMM
39 CI AUTOMATION ARCHITECTURE- 16,767 16,767
INTEL........................
41 MULTI-DOMAIN INTELLIGENCE..... 119,989 119,989
INFORMATION SECURITY
42 INFORMATION SYSTEM SECURITY 701 701
PROGRAM-ISSP.................
43 COMMUNICATIONS SECURITY 159,712 159,712
(COMSEC).....................
44 DEFENSIVE CYBER OPERATIONS.... 13,848 13,848
45 INSIDER THREAT PROGRAM--UNIT 1,502 1,502
ACTIVITY MONITO..............
47 BIOMETRIC ENABLING CAPABILITY 453 453
(BEC)........................
COMM--LONG HAUL COMMUNICATIONS
49 BASE SUPPORT COMMUNICATIONS... 23,278 23,278
COMM--BASE COMMUNICATIONS
50 INFORMATION SYSTEMS........... 32,608 32,608
51 EMERGENCY MANAGEMENT 4,949 4,949
MODERNIZATION PROGRAM........
52 INSTALLATION INFO 243,011 243,011
INFRASTRUCTURE MOD PROGRAM...
ELECT EQUIP--TACT INT REL ACT
(TIARA)
55 JTT/CIBS-M.................... 8,543 8,543
56 TERRESTRIAL LAYER SYSTEMS 85,486 85,486
(TLS)........................
58 DCGS-A-INTEL.................. 2,980 2,980
60 TROJAN........................ 30,649 30,649
61 MOD OF IN-SVC EQUIP (INTEL 4,169 4,169
SPT).........................
62 BIOMETRIC TACTICAL COLLECTION 932 932
DEVICES......................
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
63 EW PLANNING & MANAGEMENT TOOLS 21,278 21,278
(EWPMT)......................
64 AIR VIGILANCE (AV)............ 6,641 6,641
65 MULTI-FUNCTION ELECTRONIC 15,941 15,941
WARFARE (MFEW) SYST..........
67 COUNTERINTELLIGENCE/SECURITY 22,833 22,833
COUNTERMEASURES..............
68 CI MODERNIZATION.............. 434 434
ELECT EQUIP--TACTICAL SURV.
(TAC SURV)
69 SENTINEL MODS................. 161,886 161,886
70 NIGHT VISION DEVICES.......... 141,143 141,143
71 SMALL TACTICAL OPTICAL RIFLE 15,484 15,484
MOUNTED MLRF.................
73 FAMILY OF WEAPON SIGHTS (FWS). 185,634 185,634
74 ENHANCED PORTABLE INDUCTIVE 3,652 3,652
ARTILLERY FUZE SE............
75 FORWARD LOOKING INFRARED 20,438 20,438
(IFLIR)......................
76 COUNTER SMALL UNMANNED AERIAL 365,376 365,376
SYSTEM (C-SUAS)..............
77 JOINT BATTLE COMMAND--PLATFORM 215,290 215,290
(JBC-P)......................
78 JOINT EFFECTS TARGETING SYSTEM 8,932 8,932
(JETS).......................
79 COMPUTER BALLISTICS: LHMBC 2,965 2,965
XM32.........................
80 MORTAR FIRE CONTROL SYSTEM.... 8,024 8,024
81 MORTAR FIRE CONTROL SYSTEMS 7,399 7,399
MODIFICATIONS................
82 COUNTERFIRE RADARS............ 99,782 99,782
ELECT EQUIP--TACTICAL C2
SYSTEMS
83 ARMY COMMAND POST INTEGRATED 78,512 78,512
INFRASTRUCTURE (.............
84 FIRE SUPPORT C2 FAMILY........ 10,052 10,052
85 AIR & MSL DEFENSE PLANNING & 68,892 68,892
CONTROL SYS..................
86 IAMD BATTLE COMMAND SYSTEM.... 412,556 412,556
87 LIFE CYCLE SOFTWARE SUPPORT 4,270 4,270
(LCSS).......................
88 NETWORK MANAGEMENT 37,194 37,194
INITIALIZATION AND SERVICE...
89 GLOBAL COMBAT SUPPORT SYSTEM- 1,987 1,987
ARMY (GCSS-A)................
90 INTEGRATED PERSONNEL AND PAY 5,318 5,318
SYSTEM-ARMY (IPP.............
91 MOD OF IN-SVC EQUIPMENT 4,997 4,997
(ENFIRE).....................
ELECT EQUIP--AUTOMATION
92 ARMY TRAINING MODERNIZATION... 10,130 10,130
93 AUTOMATED DATA PROCESSING 61,489 61,489
EQUIP........................
94 ACCESSIONS INFORMATION 4,198 4,198
ENVIRONMENT (AIE)............
96 HIGH PERF COMPUTING MOD PGM 76,053 76,053
(HPCMP)......................
97 CONTRACT WRITING SYSTEM....... 6,061 6,061
98 CSS COMMUNICATIONS............ 56,804 56,804
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 1,781 1,781
CHEMICAL DEFENSIVE EQUIPMENT
102 BASE DEFENSE SYSTEMS (BDS).... 70,781 70,781
103 CBRN DEFENSE.................. 63,198 63,198
BRIDGING EQUIPMENT
104 TACTICAL BRIDGING............. 1,157 1,157
105 TACTICAL BRIDGE, FLOAT-RIBBON. 82,228 82,228
106 BRIDGE SUPPLEMENTAL SET....... 4,414 4,414
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
110 ROBOTICS AND APPLIQUE SYSTEMS. 68,893 68,893
112 FAMILY OF BOATS AND MOTORS.... 4,785 4,785
COMBAT SERVICE SUPPORT
EQUIPMENT
113 HEATERS AND ECU'S............. 7,617 7,617
115 PERSONNEL RECOVERY SUPPORT 5,356 5,356
SYSTEM (PRSS)................
116 GROUND SOLDIER SYSTEM......... 167,129 167,129
117 MOBILE SOLDIER POWER.......... 15,967 15,967
118 FORCE PROVIDER................ 34,200 34,200
120 CARGO AERIAL DEL & PERSONNEL 45,792 45,792
PARACHUTE SYSTEM.............
121 FAMILY OF ENGR COMBAT AND 12,118 12,118
CONSTRUCTION SETS............
PETROLEUM EQUIPMENT
123 QUALITY SURVEILLANCE EQUIPMENT 2,507 2,507
124 DISTRIBUTION SYSTEMS, 40,989 40,989
PETROLEUM & WATER............
MEDICAL EQUIPMENT
125 COMBAT SUPPORT MEDICAL........ 86,829 86,829
MAINTENANCE EQUIPMENT
126 MOBILE MAINTENANCE EQUIPMENT 17,287 17,287
SYSTEMS......................
CONSTRUCTION EQUIPMENT
128 TRACTOR, FULL TRACKED......... 29,878 29,878
129 ALL TERRAIN CRANES............ 27,725 27,725
131 FAMILY OF DIVER SUPPORT 1,811 1,811
EQUIPMENT....................
132 CONST EQUIP ESP............... 8,898 8,898
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
133 ARMY WATERCRAFT ESP........... 30,592 30,592
134 MANEUVER SUPPORT VESSEL (MSV). 149,449 149,449
GENERATORS
136 GENERATORS AND ASSOCIATED 78,364 78,364
EQUIP........................
137 TACTICAL ELECTRIC POWER 11,088 11,088
RECAPITALIZATION.............
MATERIAL HANDLING EQUIPMENT
138 FAMILY OF FORKLIFTS........... 12,982 12,982
TRAINING EQUIPMENT
139 COMBAT TRAINING CENTERS 56,619 56,619
SUPPORT......................
140 TRAINING DEVICES, NONSYSTEM... 226,379 226,379
141 SYNTHETIC TRAINING ENVIRONMENT 234,965 234,965
(STE)........................
142 GAMING TECHNOLOGY IN SUPPORT 9,698 9,698
OF ARMY TRAINING.............
TEST MEASURE AND DIG EQUIPMENT
(TMD)
143 INTEGRATED FAMILY OF TEST 36,149 36,149
EQUIPMENT (IFTE).............
144 TEST EQUIPMENT MODERNIZATION 32,623 32,623
(TEMOD)......................
OTHER SUPPORT EQUIPMENT
145 PHYSICAL SECURITY SYSTEMS 132,739 132,739
(OPA3).......................
146 BASE LEVEL COMMON EQUIPMENT... 34,460 34,460
147 MODIFICATION OF IN-SVC 35,239 35,239
EQUIPMENT (OPA-3)............
148 BUILDING, PRE-FAB, RELOCATABLE 31,011 31,011
149 SPECIAL EQUIPMENT FOR TEST AND 52,481 52,481
EVALUATION...................
OPA2
151 INITIAL SPARES--C&E........... 9,169 9,169
TOTAL OTHER PROCUREMENT, ARMY. 8,672,979 8,672,979
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
1 F/A-18E/F (FIGHTER) HORNET.... 41,329 41,329
2 JOINT STRIKE FIGHTER CV....... 2,410,569 2,410,569
3 JOINT STRIKE FIGHTER CV....... 189,425 189,425
4 JSF STOVL..................... 2,126,317 2,126,317
5 JSF STOVL..................... 193,125 193,125
6 CH-53K (HEAVY LIFT)........... 1,698,050 1,698,050
7 CH-53K (HEAVY LIFT)........... 456,567 456,567
8 V-22 (MEDIUM LIFT)............ 27,216 27,216
9 H-1 UPGRADES (UH-1Y/AH-1Z).... 4,292 4,292
10 P-8A POSEIDON................. 31,257 31,257
11 E-2D ADV HAWKEYE.............. 182,817 182,817
TRAINER AIRCRAFT
13 MULTI-ENGINE TRAINING SYSTEM 289,141 289,141
(METS).......................
OTHER AIRCRAFT
15 KC-130J....................... 241,291 241,291
17 MQ-4 TRITON................... 416,010 416,010
19 MQ-8 UAV...................... 1,546 1,546
21 MQ-25......................... 545,697 545,697
22 MQ-25......................... 50,576 50,576
23 MARINE GROUP 5 UAS............ 89,563 89,563
MODIFICATION OF AIRCRAFT
24 F-18 A-D UNIQUE............... 116,551 116,551
25 F-18E/F AND EA-18G 605,416 605,416
MODERNIZATION AND SUSTAINM...
26 MARINE GROUP 5 UAS SERIES..... 98,063 98,063
27 AEA SYSTEMS................... 24,110 24,110
28 AV-8 SERIES................... 22,829 22,829
29 INFRARED SEARCH AND TRACK 179,193 179,193
(IRST).......................
30 ADVERSARY..................... 69,336 69,336
31 F-18 SERIES................... 640,236 640,236
32 H-53 SERIES................... 41,414 41,414
33 MH-60 SERIES.................. 106,495 106,495
34 H-1 SERIES.................... 114,284 114,284
35 EP-3 SERIES................... 8,548 8,548
36 E-2 SERIES.................... 183,246 183,246
37 TRAINER A/C SERIES............ 16,376 16,376
39 C-130 SERIES.................. 198,220 198,220
40 FEWSG......................... 651 651
41 CARGO/TRANSPORT A/C SERIES.... 13,930 13,930
42 E-6 SERIES.................... 164,571 164,571
43 EXECUTIVE HELICOPTERS SERIES.. 60,498 60,498
44 T-45 SERIES................... 170,357 170,357
45 POWER PLANT CHANGES........... 21,079 21,079
46 JPATS SERIES.................. 28,005 28,005
48 COMMON ECM EQUIPMENT.......... 53,614 53,614
49 COMMON AVIONICS CHANGES....... 136,199 136,199
50 COMMON DEFENSIVE WEAPON SYSTEM 6,585 6,585
51 ID SYSTEMS.................... 13,085 13,085
52 P-8 SERIES.................... 316,168 316,168
53 MAGTF EW FOR AVIATION......... 24,901 24,901
54 MQ-8 SERIES................... 14,700 14,700
55 V-22 (TILT/ROTOR ACFT) OSPREY. 215,997 215,997
56 NEXT GENERATION JAMMER (NGJ).. 426,396 426,396
57 F-35 STOVL SERIES............. 311,921 311,921
58 F-35 CV SERIES................ 166,909 166,909
59 QRC........................... 28,206 28,206
60 MQ-4 SERIES................... 93,951 93,951
AIRCRAFT SPARES AND REPAIR
PARTS
62 SPARES AND REPAIR PARTS....... 2,451,244 2,451,244
AIRCRAFT SUPPORT EQUIP &
FACILITIES
63 COMMON GROUND EQUIPMENT....... 566,156 566,156
64 AIRCRAFT INDUSTRIAL FACILITIES 133,815 133,815
65 WAR CONSUMABLES............... 44,632 44,632
66 OTHER PRODUCTION CHARGES...... 49,907 49,907
67 SPECIAL SUPPORT EQUIPMENT..... 404,178 404,178
TOTAL AIRCRAFT PROCUREMENT, 17,336,760 17,336,760
NAVY.........................
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 CONVENTIONAL PROMPT STRIKE.... 341,434 341,434
2 TRIDENT II MODS............... 1,284,705 1,284,705
SUPPORT EQUIPMENT & FACILITIES
3 MISSILE INDUSTRIAL FACILITIES. 7,954 7,954
STRATEGIC MISSILES
4 TOMAHAWK...................... 72,908 72,908
TACTICAL MISSILES
5 AMRAAM........................ 439,153 439,153
6 SIDEWINDER.................... 78,165 78,165
7 STANDARD MISSILE.............. 969,525 969,525
8 STANDARD MISSILE.............. 227,320 227,320
9 SMALL DIAMETER BOMB II........ 65,863 65,863
10 RAM........................... 114,896 114,896
11 JOINT AIR GROUND MISSILE 79,292 79,292
(JAGM).......................
12 HELLFIRE...................... 6,923 6,923
13 AERIAL TARGETS................ 176,588 176,588
14 OTHER MISSILE SUPPORT......... 3,687 3,687
15 LRASM......................... 639,636 639,636
16 NAVAL STRIKE MISSILE (NSM).... 29,925 29,925
17 NAVAL STRIKE MISSILE (NSM).... 5,755 5,755
MODIFICATION OF MISSILES
18 TOMAHAWK MODS................. 540,944 540,944
19 ESSM.......................... 290,129 290,129
20 AARGM-ER...................... 162,429 162,429
21 AARGM-ER...................... 33,273 33,273
22 STANDARD MISSILES MODS........ 89,255 89,255
SUPPORT EQUIPMENT & FACILITIES
23 WEAPONS INDUSTRIAL FACILITIES. 2,037 2,037
ORDNANCE SUPPORT EQUIPMENT
25 ORDNANCE SUPPORT EQUIPMENT.... 208,154 208,154
TORPEDOES AND RELATED EQUIP
26 SSTD.......................... 4,830 4,830
27 MK-48 TORPEDO................. 308,497 308,497
28 ASW TARGETS................... 14,817 14,817
MOD OF TORPEDOES AND RELATED
EQUIP
29 MK-54 TORPEDO MODS............ 104,086 104,086
30 MK-48 TORPEDO ADCAP MODS...... 20,714 20,714
31 MARITIME MINES................ 58,800 58,800
SUPPORT EQUIPMENT
32 TORPEDO SUPPORT EQUIPMENT..... 133,187 133,187
33 ASW RANGE SUPPORT............. 4,146 4,146
DESTINATION TRANSPORTATION
34 FIRST DESTINATION 5,811 5,811
TRANSPORTATION...............
GUNS AND GUN MOUNTS
35 SMALL ARMS AND WEAPONS........ 14,165 14,165
MODIFICATION OF GUNS AND GUN
MOUNTS
36 CIWS MODS..................... 4,088 4,088
37 COAST GUARD WEAPONS........... 55,172 55,172
38 GUN MOUNT MODS................ 82,682 82,682
39 LCS MODULE WEAPONS............ 3,264 3,264
40 AIRBORNE MINE NEUTRALIZATION 14,357 14,357
SYSTEMS......................
SPARES AND REPAIR PARTS
42 SPARES AND REPAIR PARTS....... 177,819 177,819
TOTAL WEAPONS PROCUREMENT, 6,876,385 6,876,385
NAVY.........................
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS......... 43,519 43,519
2 JDAM.......................... 73,689 73,689
3 AIRBORNE ROCKETS, ALL TYPES... 67,423 67,423
4 MACHINE GUN AMMUNITION........ 11,862 11,862
5 PRACTICE BOMBS................ 52,481 52,481
6 CARTRIDGES & CART ACTUATED 72,426 72,426
DEVICES......................
7 AIR EXPENDABLE COUNTERMEASURES 104,529 104,529
8 JATOS......................... 7,433 7,433
9 5 INCH/54 GUN AMMUNITION...... 30,871 30,871
10 INTERMEDIATE CALIBER GUN 41,261 41,261
AMMUNITION...................
11 OTHER SHIP GUN AMMUNITION..... 44,044 44,044
12 SMALL ARMS & LANDING PARTY 48,478 48,478
AMMO.........................
13 PYROTECHNIC AND DEMOLITION.... 9,521 9,521
14 AMMUNITION LESS THAN $5 1,679 1,679
MILLION......................
15 EXPEDITIONARY LOITERING 249,575 249,575
MUNITIONS....................
MARINE CORPS AMMUNITION
16 MORTARS....................... 61,274 61,274
17 DIRECT SUPPORT MUNITIONS...... 73,338 73,338
18 INFANTRY WEAPONS AMMUNITION... 178,240 178,240
19 COMBAT SUPPORT MUNITIONS...... 15,897 15,897
20 AMMO MODERNIZATION............ 17,941 17,941
21 ARTILLERY MUNITIONS........... 82,452 82,452
22 ITEMS LESS THAN $5 MILLION.... 5,340 5,340
TOTAL PROCUREMENT OF AMMO, 1,293,273 1,293,273
NAVY & MC....................
SHIPBUILDING AND CONVERSION,
NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE.... 2,443,598 2,443,598
2 OHIO REPLACEMENT SUBMARINE.... 3,390,734 3,390,734
OTHER WARSHIPS
3 CARRIER REPLACEMENT PROGRAM... 1,115,296 1,115,296
4 CVN-81........................ 800,492 800,492
5 VIRGINIA CLASS SUBMARINE...... 7,129,965 7,129,965
6 VIRGINIA CLASS SUBMARINE...... 3,215,539 3,215,539
8 CVN REFUELING OVERHAULS....... 817,646 817,646
9 DDG 1000...................... 410,400 410,400
10 DDG-51........................ 4,199,179 4,199,179
11 DDG-51........................ 284,035 284,035
13 FFG-FRIGATE................... 2,173,698 2,173,698
AMPHIBIOUS SHIPS
14 LPD FLIGHT II................. 0 1,863,000
Program increase for LPD-33-- [1,863,000]
USMC UFR.....................
18 LHA REPLACEMENT............... 1,830,149 1,830,149
AUXILIARIES, CRAFT AND PRIOR
YR PROGRAM COST
21 AS SUBMARINE TENDER........... 1,733,234 1,733,234
22 TAO FLEET OILER............... 815,420 815,420
25 LCU 1700...................... 62,532 62,532
26 OUTFITTING.................... 557,365 557,365
28 SERVICE CRAFT................. 63,815 63,815
29 AUXILIARY PERSONNEL LIGHTER... 0 72,000
Additional APL-67 class [72,000]
berthing barge...............
30 LCAC SLEP..................... 15,286 15,286
31 AUXILIARY VESSELS (USED 142,008 142,008
SEALIFT).....................
32 COMPLETION OF PY SHIPBUILDING 1,648,559 1,648,559
PROGRAMS.....................
TOTAL SHIPBUILDING AND 32,848,950 34,783,950
CONVERSION, NAVY.............
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
1 SURFACE POWER EQUIPMENT....... 14,003 14,003
GENERATORS
2 SURFACE COMBATANT HM&E........ 105,441 105,441
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION EQUIPMENT.... 110,286 110,286
OTHER SHIPBOARD EQUIPMENT
4 SUB PERISCOPE, IMAGING AND 262,951 262,951
SUPT EQUIP PROG..............
5 DDG MOD....................... 628,532 628,532
6 FIREFIGHTING EQUIPMENT........ 34,782 34,782
7 COMMAND AND CONTROL 2,458 2,458
SWITCHBOARD..................
8 LHA/LHD MIDLIFE............... 104,369 104,369
9 LCC 19/20 EXTENDED SERVICE 10,529 10,529
LIFE PROGRAM.................
10 POLLUTION CONTROL EQUIPMENT... 23,272 23,272
11 SUBMARINE SUPPORT EQUIPMENT... 112,526 112,526
12 VIRGINIA CLASS SUPPORT 32,076 32,076
EQUIPMENT....................
13 LCS CLASS SUPPORT EQUIPMENT... 18,832 18,832
14 SUBMARINE BATTERIES........... 28,221 28,221
15 LPD CLASS SUPPORT EQUIPMENT... 91,890 91,890
16 DDG 1000 CLASS SUPPORT 232,124 232,124
EQUIPMENT....................
17 STRATEGIC PLATFORM SUPPORT 25,058 25,058
EQUIP........................
18 DSSP EQUIPMENT................ 4,623 4,623
20 LCAC.......................... 10,794 10,794
21 UNDERWATER EOD EQUIPMENT...... 19,549 19,549
22 ITEMS LESS THAN $5 MILLION.... 86,001 86,001
23 CHEMICAL WARFARE DETECTORS.... 3,288 3,288
REACTOR PLANT EQUIPMENT
24 SHIP MAINTENANCE, REPAIR AND 2,746,313 2,746,313
MODERNIZATION................
25 REACTOR POWER UNITS........... 2,016 2,016
26 REACTOR COMPONENTS............ 390,148 390,148
OCEAN ENGINEERING
27 DIVING AND SALVAGE EQUIPMENT.. 18,086 18,086
SMALL BOATS
28 STANDARD BOATS................ 74,963 74,963
PRODUCTION FACILITIES
EQUIPMENT
29 OPERATING FORCES IPE.......... 187,495 187,495
OTHER SHIP SUPPORT
30 LCS COMMON MISSION MODULES 49,060 49,060
EQUIPMENT....................
31 LCS MCM MISSION MODULES....... 93,961 93,961
33 LCS SUW MISSION MODULES....... 12,102 12,102
34 LCS IN-SERVICE MODERNIZATION.. 171,704 171,704
35 SMALL & MEDIUM UUV............ 61,951 61,951
LOGISTIC SUPPORT
36 LSD MIDLIFE & MODERNIZATION... 7,594 7,594
SHIP SONARS
37 SPQ-9B RADAR.................. 7,267 7,267
38 AN/SQQ-89 SURF ASW COMBAT 138,065 138,065
SYSTEM.......................
39 SSN ACOUSTIC EQUIPMENT........ 463,577 463,577
40 UNDERSEA WARFARE SUPPORT 23,452 23,452
EQUIPMENT....................
ASW ELECTRONIC EQUIPMENT
41 SUBMARINE ACOUSTIC WARFARE 46,726 46,726
SYSTEM.......................
42 SSTD.......................... 14,560 14,560
43 FIXED SURVEILLANCE SYSTEM..... 420,069 420,069
44 SURTASS....................... 33,910 33,910
ELECTRONIC WARFARE EQUIPMENT
45 AN/SLQ-32..................... 329,513 329,513
RECONNAISSANCE EQUIPMENT
46 SHIPBOARD IW EXPLOIT.......... 379,230 379,230
47 AUTOMATED IDENTIFICATION 4,082 4,082
SYSTEM (AIS).................
OTHER SHIP ELECTRONIC
EQUIPMENT
48 COOPERATIVE ENGAGEMENT 37,677 37,677
CAPABILITY...................
49 NAVAL TACTICAL COMMAND SUPPORT 15,374 15,374
SYSTEM (NTCSS)...............
50 ATDLS......................... 50,148 50,148
51 NAVY COMMAND AND CONTROL 3,918 3,918
SYSTEM (NCCS)................
52 MINESWEEPING SYSTEM 16,814 16,814
REPLACEMENT..................
54 NAVSTAR GPS RECEIVERS (SPACE). 37,319 37,319
55 AMERICAN FORCES RADIO AND TV 2,750 2,750
SERVICE......................
56 STRATEGIC PLATFORM SUPPORT 6,437 6,437
EQUIP........................
AVIATION ELECTRONIC EQUIPMENT
57 ASHORE ATC EQUIPMENT.......... 89,237 89,237
58 AFLOAT ATC EQUIPMENT.......... 90,487 90,487
59 ID SYSTEMS.................... 59,234 59,234
60 JOINT PRECISION APPROACH AND 3,343 3,343
LANDING SYSTEM (.............
61 NAVAL MISSION PLANNING SYSTEMS 39,180 39,180
OTHER SHORE ELECTRONIC
EQUIPMENT
62 MARITIME INTEGRATED BROADCAST 6,994 6,994
SYSTEM.......................
63 TACTICAL/MOBILE C4I SYSTEMS... 52,026 52,026
64 DCGS-N........................ 16,579 16,579
65 CANES......................... 467,587 467,587
66 RADIAC........................ 16,475 16,475
67 CANES-INTELL.................. 48,207 48,207
68 GPETE......................... 25,761 25,761
69 MASF.......................... 16,475 16,475
70 INTEG COMBAT SYSTEM TEST 6,345 6,345
FACILITY.....................
71 EMI CONTROL INSTRUMENTATION... 4,282 4,282
73 IN-SERVICE RADARS AND SENSORS. 255,256 255,256
SHIPBOARD COMMUNICATIONS
74 BATTLE FORCE TACTICAL NETWORK. 74,180 74,180
75 SHIPBOARD TACTICAL 29,776 29,776
COMMUNICATIONS...............
76 SHIP COMMUNICATIONS AUTOMATION 96,916 96,916
77 COMMUNICATIONS ITEMS UNDER $5M 14,107 14,107
SUBMARINE COMMUNICATIONS
78 SUBMARINE BROADCAST SUPPORT... 73,791 73,791
79 SUBMARINE COMMUNICATION 83,178 83,178
EQUIPMENT....................
SATELLITE COMMUNICATIONS
80 SATELLITE COMMUNICATIONS 72,871 72,871
SYSTEMS......................
81 NAVY MULTIBAND TERMINAL (NMT). 37,921 37,921
SHORE COMMUNICATIONS
82 JOINT COMMUNICATIONS SUPPORT 5,065 5,065
ELEMENT (JCSE)...............
CRYPTOGRAPHIC EQUIPMENT
83 INFO SYSTEMS SECURITY PROGRAM 154,890 154,890
(ISSP).......................
84 MIO INTEL EXPLOITATION TEAM... 1,079 1,079
CRYPTOLOGIC EQUIPMENT
85 CRYPTOLOGIC COMMUNICATIONS 17,483 17,483
EQUIP........................
OTHER ELECTRONIC SUPPORT
86 COAST GUARD EQUIPMENT......... 77,458 77,458
SONOBUOYS
88 SONOBUOYS--ALL TYPES.......... 311,177 311,177
AIRCRAFT SUPPORT EQUIPMENT
89 MINOTAUR...................... 5,396 5,396
90 WEAPONS RANGE SUPPORT 147,556 147,556
EQUIPMENT....................
91 AIRCRAFT SUPPORT EQUIPMENT.... 162,273 162,273
92 ADVANCED ARRESTING GEAR (AAG). 11,930 11,930
93 ELECTROMAGNETIC AIRCRAFT 17,836 17,836
LAUNCH SYSTEM (EMALS.........
94 METEOROLOGICAL EQUIPMENT...... 19,703 19,703
95 LEGACY AIRBORNE MCM........... 12,202 12,202
97 AVIATION SUPPORT EQUIPMENT.... 82,115 82,115
98 UMCS-UNMAN CARRIER 152,687 152,687
AVIATION(UCA)MISSION CNTRL...
99 ARCHITECT & CAP FOR AUTONOMY 1,612 1,612
IN NAV ENTER (AR.............
SHIP GUN SYSTEM EQUIPMENT
100 SHIP GUN SYSTEMS EQUIPMENT.... 6,404 6,404
SHIP MISSILE SYSTEMS EQUIPMENT
101 HARPOON SUPPORT EQUIPMENT..... 227 227
102 SHIP MISSILE SUPPORT EQUIPMENT 294,511 294,511
103 TOMAHAWK SUPPORT EQUIPMENT.... 92,432 92,432
FBM SUPPORT EQUIPMENT
104 STRATEGIC MISSILE SYSTEMS 325,318 325,318
EQUIP........................
ASW SUPPORT EQUIPMENT
105 SSN COMBAT CONTROL SYSTEMS.... 133,063 133,063
106 ASW SUPPORT EQUIPMENT......... 27,469 27,469
OTHER ORDNANCE SUPPORT
EQUIPMENT
107 EXPLOSIVE ORDNANCE DISPOSAL 27,864 27,864
EQUIP........................
108 ITEMS LESS THAN $5 MILLION.... 6,171 6,171
OTHER EXPENDABLE ORDNANCE
109 ANTI-SHIP MISSILE DECOY SYSTEM 56,630 56,630
110 SUBMARINE TRAINING DEVICE MODS 76,954 76,954
111 SURFACE TRAINING EQUIPMENT.... 209,487 209,487
CIVIL ENGINEERING SUPPORT
EQUIPMENT
112 PASSENGER CARRYING VEHICLES... 3,827 3,827
113 GENERAL PURPOSE TRUCKS........ 4,570 4,570
114 CONSTRUCTION & MAINTENANCE 56,829 56,829
EQUIP........................
115 FIRE FIGHTING EQUIPMENT....... 16,583 16,583
116 TACTICAL VEHICLES............. 24,236 24,236
117 AMPHIBIOUS EQUIPMENT.......... 4,504 4,504
118 POLLUTION CONTROL EQUIPMENT... 3,898 3,898
119 ITEMS LESS THAN $5 MILLION.... 67,286 67,286
120 PHYSICAL SECURITY VEHICLES.... 1,286 1,286
SUPPLY SUPPORT EQUIPMENT
121 SUPPLY EQUIPMENT.............. 33,258 33,258
122 FIRST DESTINATION 6,977 6,977
TRANSPORTATION...............
123 SPECIAL PURPOSE SUPPLY SYSTEMS 659,529 659,529
TRAINING DEVICES
124 TRAINING SUPPORT EQUIPMENT.... 2,083 2,083
125 TRAINING AND EDUCATION 106,542 106,542
EQUIPMENT....................
COMMAND SUPPORT EQUIPMENT
126 COMMAND SUPPORT EQUIPMENT..... 44,448 44,448
127 MEDICAL SUPPORT EQUIPMENT..... 12,529 12,529
129 NAVAL MIP SUPPORT EQUIPMENT... 5,408 5,408
130 OPERATING FORCES SUPPORT 12,105 12,105
EQUIPMENT....................
131 C4ISR EQUIPMENT............... 7,670 7,670
132 ENVIRONMENTAL SUPPORT 52,597 52,597
EQUIPMENT....................
133 PHYSICAL SECURITY EQUIPMENT... 108,901 108,901
134 ENTERPRISE INFORMATION 42,154 42,154
TECHNOLOGY...................
OTHER
139 NEXT GENERATION ENTERPRISE 177,585 177,585
SERVICE......................
140 CYBERSPACE ACTIVITIES......... 23,176 23,176
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 16,290 16,290
SPARES AND REPAIR PARTS
142 SPARES AND REPAIR PARTS....... 645,900 645,900
143 VIRGINIA CLASS (VACL) SPARES 470,000 470,000
AND REPAIR PARTS.............
TOTAL OTHER PROCUREMENT, NAVY. 14,535,257 14,535,257
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP.................... 3,353 3,353
2 AMPHIBIOUS COMBAT VEHICLE 557,564 557,564
FAMILY OF VEHICLES...........
3 LAV PIP....................... 42,052 42,052
ARTILLERY AND OTHER WEAPONS
4 155MM LIGHTWEIGHT TOWED 489 489
HOWITZER.....................
5 ARTILLERY WEAPONS SYSTEM...... 165,268 165,268
6 WEAPONS AND COMBAT VEHICLES 14,004 14,004
UNDER $5 MILLION.............
GUIDED MISSILES
7 TOMAHAWK...................... 105,192 105,192
8 NAVAL STRIKE MISSILE (NSM).... 169,726 169,726
9 NAVAL STRIKE MISSILE (NSM).... 39,244 39,244
10 GROUND BASED AIR DEFENSE...... 249,103 253,603
Program increase.............. [4,500]
11 ANTI-ARMOR MISSILE-JAVELIN.... 54,883 54,883
12 FAMILY ANTI-ARMOR WEAPON 23,627 23,627
SYSTEMS (FOAAWS).............
13 ANTI-ARMOR MISSILE-TOW........ 2,007 2,007
14 GUIDED MLRS ROCKET (GMLRS).... 8,867 8,867
COMMAND AND CONTROL SYSTEMS
15 COMMON AVIATION COMMAND AND 75,382 75,382
CONTROL SYSTEM (C............
REPAIR AND TEST EQUIPMENT
16 REPAIR AND TEST EQUIPMENT..... 53,590 53,590
OTHER SUPPORT (TEL)
17 MODIFICATION KITS............. 1,782 1,782
COMMAND AND CONTROL SYSTEM
(NON-TEL)
18 ITEMS UNDER $5 MILLION (COMM & 122,917 122,917
ELEC)........................
19 AIR OPERATIONS C2 SYSTEMS..... 23,744 23,744
RADAR + EQUIPMENT (NON-TEL)
20 GROUND/AIR TASK ORIENTED RADAR 66,291 66,291
(G/ATOR).....................
INTELL/COMM EQUIPMENT (NON-
TEL)
21 ELECTRO MAGNETIC SPECTRUM 177,270 177,270
OPERATIONS (EMSO)............
22 GCSS-MC....................... 4,144 4,144
23 FIRE SUPPORT SYSTEM........... 58,483 58,483
24 INTELLIGENCE SUPPORT EQUIPMENT 148,062 148,062
26 UNMANNED AIR SYSTEMS (INTEL).. 52,273 52,273
27 DCGS-MC....................... 68,289 68,289
28 UAS PAYLOADS.................. 19,088 19,088
OTHER SUPPORT (NON-TEL)
31 EXPEDITIONARY SUPPORT 2,010 2,010
EQUIPMENT....................
32 MARINE CORPS ENTERPRISE 259,044 259,044
NETWORK (MCEN)...............
33 COMMON COMPUTER RESOURCES..... 27,966 27,966
34 COMMAND POST SYSTEMS.......... 71,109 71,109
35 RADIO SYSTEMS................. 544,059 544,059
36 COMM SWITCHING & CONTROL 46,276 46,276
SYSTEMS......................
37 COMM & ELEC INFRASTRUCTURE 27,111 27,111
SUPPORT......................
38 CYBERSPACE ACTIVITIES......... 27,583 27,583
40 UNMANNED EXPEDITIONARY SYSTEMS 13,564 13,564
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 2,799 2,799
ADMINISTRATIVE VEHICLES
43 COMMERCIAL CARGO VEHICLES..... 34,169 34,169
TACTICAL VEHICLES
44 MOTOR TRANSPORT MODIFICATIONS. 17,299 17,299
45 JOINT LIGHT TACTICAL VEHICLE.. 232,501 232,501
46 TRAILERS...................... 2,034 2,034
ENGINEER AND OTHER EQUIPMENT
47 TACTICAL FUEL SYSTEMS......... 12,956 12,956
48 POWER EQUIPMENT ASSORTED...... 28,899 28,899
49 AMPHIBIOUS SUPPORT EQUIPMENT.. 15,691 15,691
50 EOD SYSTEMS................... 41,200 41,200
MATERIALS HANDLING EQUIPMENT
51 PHYSICAL SECURITY EQUIPMENT... 53,949 53,949
GENERAL PROPERTY
52 FIELD MEDICAL EQUIPMENT....... 5,457 5,457
53 TRAINING DEVICES.............. 96,577 96,577
54 FAMILY OF CONSTRUCTION 29,883 29,883
EQUIPMENT....................
55 ULTRA-LIGHT TACTICAL VEHICLE 17,034 17,034
(ULTV).......................
OTHER SUPPORT
56 ITEMS LESS THAN $5 MILLION.... 27,691 27,691
SPARES AND REPAIR PARTS
57 SPARES AND REPAIR PARTS....... 35,657 35,657
TOTAL PROCUREMENT, MARINE 3,979,212 3,983,712
CORPS........................
AIRCRAFT PROCUREMENT, AIR
FORCE
STRATEGIC OFFENSIVE
1 B-21 RAIDER................... 1,617,093 1,617,093
2 B-21 RAIDER................... 708,000 708,000
TACTICAL FORCES
3 F-35.......................... 4,877,121 4,877,121
4 F-35.......................... 402,000 402,000
5 F-15EX........................ 2,670,039 2,469,591
DAF requested realignment of [-200,448]
funds........................
6 F-15EX........................ 228,000 228,000
TACTICAL AIRLIFT
7 KC-46A MDAP................... 2,882,590 2,882,590
OTHER AIRLIFT
8 C-130J........................ 34,921 34,921
HELICOPTERS
11 MH-139A....................... 228,807 228,807
12 COMBAT RESCUE HELICOPTER...... 282,533 282,533
MISSION SUPPORT AIRCRAFT
13 CIVIL AIR PATROL A/C.......... 3,013 3,013
OTHER AIRCRAFT
15 TARGET DRONES................. 42,226 42,226
17 E-11 BACN/HAG................. 67,367 67,367
STRATEGIC AIRCRAFT
19 B-2A.......................... 107,980 107,980
20 B-1B.......................... 12,757 9,782
DAF requested realignment of [-2,975]
funds........................
21 B-52.......................... 65,815 51,798
DAF requested realignment of [-14,017]
funds........................
22 LARGE AIRCRAFT INFRARED 21,723 21,723
COUNTERMEASURES..............
TACTICAL AIRCRAFT
24 E-11 BACN/HAG................. 58,923 58,923
25 F-15.......................... 34,830 155,278
DAF requested realignment of [120,448]
funds........................
26 F-16.......................... 297,342 297,342
27 F-22A......................... 794,676 794,676
28 F-35 MODIFICATIONS............ 451,798 451,798
29 F-15 EPAW..................... 280,658 280,658
AIRLIFT AIRCRAFT
31 C-5........................... 24,377 24,377
32 C-17A......................... 140,560 140,560
33 C-32A......................... 19,060 19,060
34 C-37A......................... 13,454 13,454
TRAINER AIRCRAFT
35 GLIDER MODS................... 5,270 5,270
36 T-6........................... 2,942 2,942
37 T-1........................... 10,950 10,950
38 T-38.......................... 125,340 125,340
OTHER AIRCRAFT
40 U-2 MODS...................... 54,727 54,727
42 C-12.......................... 446 446
44 VC-25A MOD.................... 29,707 29,707
45 C-40.......................... 8,921 8,921
46 C-130......................... 71,177 71,177
47 C-130J MODS................... 121,258 121,258
48 C-135......................... 153,595 153,595
49 COMPASS CALL.................. 144,686 144,686
50 COMBAT FLIGHT INSPECTION--CFIN 446 446
51 RC-135........................ 220,138 240,138
RC-135 alternate PNT upgrades. [20,000]
52 E-3........................... 1,350 1,350
53 E-4........................... 13,055 13,055
56 H-1........................... 816 816
57 H-60.......................... 4,207 4,207
60 HC/MC-130 MODIFICATIONS....... 101,055 101,055
61 OTHER AIRCRAFT................ 54,134 73,403
DAF requested realignment of [11,619]
funds........................
DAF requested realignment of [7,650]
funds for SLPA-A.............
62 MQ-9 MODS..................... 98,063 98,063
64 SENIOR LEADER C3 SYSTEM-- 24,847 24,847
AIRCRAFT.....................
65 CV-22 MODS.................... 153,006 153,006
AIRCRAFT SPARES AND REPAIR
PARTS
66 INITIAL SPARES/REPAIR PARTS... 781,521 772,877
DAF requested realignment of [-8,644]
funds........................
COMMON SUPPORT EQUIPMENT
67 AIRCRAFT REPLACEMENT SUPPORT 157,664 157,664
EQUIP........................
POST PRODUCTION SUPPORT
68 B-2A.......................... 1,838 1,838
69 B-2B.......................... 15,207 15,207
72 MC-130J....................... 10,117 10,117
74 F-16.......................... 1,075 1,075
75 F-22A......................... 38,418 38,418
INDUSTRIAL PREPAREDNESS
79 INDUSTRIAL RESPONSIVENESS..... 18,874 18,874
WAR CONSUMABLES
80 WAR CONSUMABLES............... 27,482 27,482
OTHER PRODUCTION CHARGES
81 OTHER PRODUCTION CHARGES...... 1,478,044 1,558,044
DAF requested realignment of [80,000]
funds........................
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 17,165 17,165
TOTAL AIRCRAFT PROCUREMENT, 20,315,204 20,328,837
AIR FORCE....................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT--
BALLISTIC
1 MISSILE REPLACEMENT EQ- 69,319 69,319
BALLISTIC....................
BALLISTIC MISSILES
3 GROUND BASED STRATEGIC 539,300 539,300
DETERRENT....................
STRATEGIC
TACTICAL
4 LONG RANGE STAND-OFF WEAPON... 66,816 66,816
5 REPLAC EQUIP & WAR CONSUMABLES 37,318 37,318
6 JOINT AIR-SURFACE STANDOFF 915,996 915,996
MISSILE......................
7 JOINT AIR-SURFACE STANDOFF 769,672 769,672
MISSILE......................
8 JOINT STRIKE MISSILE.......... 161,011 161,011
9 LRASM0........................ 87,796 87,796
10 LRASM0........................ 99,871 99,871
11 SIDEWINDER (AIM-9X)........... 95,643 95,643
12 AMRAAM........................ 489,049 489,049
13 AMRAAM........................ 212,410 212,410
14 PREDATOR HELLFIRE MISSILE..... 1,049 1,049
15 SMALL DIAMETER BOMB........... 48,734 48,734
16 SMALL DIAMETER BOMB II........ 291,553 291,553
17 STAND-IN ATTACK WEAPON (SIAW). 41,947 41,947
INDUSTRIAL FACILITIES
18 INDUSTRIAL PREPAREDNESS/POL 793 793
PREVENTION...................
CLASS IV
19 ICBM FUZE MOD................. 115,745 115,745
20 ICBM FUZE MOD................. 43,044 43,044
21 MM III MODIFICATIONS.......... 48,639 48,639
22 AIR LAUNCH CRUISE MISSILE 41,494 41,494
(ALCM).......................
MISSILE SPARES AND REPAIR
PARTS
23 MSL SPRS/REPAIR PARTS 6,840 6,840
(INITIAL)....................
24 MSL SPRS/REPAIR PARTS (REPLEN) 75,191 75,191
SPECIAL PROGRAMS
29 SPECIAL UPDATE PROGRAMS....... 419,498 419,498
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 851,718 851,718
TOTAL MISSILE PROCUREMENT, AIR 5,530,446 5,530,446
FORCE........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS....................... 18,483 18,483
CARTRIDGES
2 CARTRIDGES.................... 101,104 101,104
BOMBS
4 GENERAL PURPOSE BOMBS......... 142,118 142,118
5 MASSIVE ORDNANCE PENETRATOR 14,074 14,074
(MOP)........................
6 JOINT DIRECT ATTACK MUNITION.. 132,364 132,364
7 B-61.......................... 68 68
8 B61-12 TRAINER................ 10,100 10,100
OTHER ITEMS
9 CAD/PAD....................... 51,487 51,487
10 EXPLOSIVE ORDNANCE DISPOSAL 6,707 6,707
(EOD)........................
11 SPARES AND REPAIR PARTS....... 585 585
13 FIRST DESTINATION 2,299 2,299
TRANSPORTATION...............
14 ITEMS LESS THAN $5,000,000.... 5,115 5,115
FLARES
15 EXPENDABLE COUNTERMEASURES.... 79,786 79,786
FUZES
16 FUZES......................... 109,562 109,562
SMALL ARMS
17 SMALL ARMS.................... 29,306 29,306
TOTAL PROCUREMENT OF 703,158 703,158
AMMUNITION, AIR FORCE........
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
1 AF SATELLITE COMM SYSTEM...... 64,345 64,345
3 COUNTERSPACE SYSTEMS.......... 52,665 52,665
4 FAMILY OF BEYOND LINE-OF-SIGHT 25,057 25,057
TERMINALS....................
5 FABT FORCE ELEMENT TERMINAL... 121,634 121,634
7 GENERAL INFORMATION TECH-- 3,451 3,451
SPACE........................
8 GPSIII FOLLOW ON.............. 119,700 119,700
9 GPS III SPACE SEGMENT......... 121,770 121,770
10 GLOBAL POSTIONING (SPACE)..... 893 893
11 HERITAGE TRANSITION........... 6,110 6,110
12 JOINT TACTICAL GROUND STATIONS 580 580
13 SPACEBORNE EQUIP (COMSEC)..... 83,168 83,168
14 MILSATCOM..................... 44,672 44,672
15 SBIR HIGH (SPACE)............. 39,438 39,438
16 SPECIAL SPACE ACTIVITIES...... 840,913 380,213
Space Force realignment of [-497,000]
funds........................
Space Force Unfunded [36,300]
Priorities List Classified
Program A....................
17 MOBILE USER OBJECTIVE SYSTEM.. 101,147 101,147
18 NATIONAL SECURITY SPACE LAUNCH 2,142,846 2,142,846
20 PTES HUB...................... 56,482 56,482
21 ROCKET SYSTEMS LAUNCH PROGRAM. 74,848 74,848
22 SPACE DEVELOPMENT AGENCY 529,468 529,468
LAUNCH.......................
23 SPACE MODS.................... 166,596 166,596
24 SPACELIFT RANGE SYSTEM SPACE.. 114,505 114,505
SPARES
25 SPARES AND REPAIR PARTS....... 906 906
SUPPORT EQUIPMENT
26 POWER CONDITIONING EQUIPMENT.. 3,100 3,100
TOTAL PROCUREMENT, SPACE FORCE 4,714,294 4,253,594
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES... 6,123 6,123
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE....... 3,961 3,961
3 CAP VEHICLES.................. 1,027 1,027
4 CARGO AND UTILITY VEHICLES.... 45,036 47,338
DAF requested realignment of [328]
funds........................
DAF requested realignment of [1,974]
funds from OMAF SAG 11R......
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE.. 57,780 57,780
6 SECURITY AND TACTICAL VEHICLES 390 390
7 SPECIAL PURPOSE VEHICLES...... 79,023 82,803
DAF requested realignment of [340]
funds........................
DAF requested realignment of [3,440]
funds from OMAF SAG 11R......
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 70,252 70,252
VEHICLES.....................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES... 73,805 75,895
DAF requested realignment of [1,805]
funds from OMAF SAG 11R......
DAF requested realignment of [285]
funds from OPAF line 11......
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 22,030 22,030
EQU..........................
11 BASE MAINTENANCE SUPPORT 223,354 240,634
VEHICLES.....................
DAF requested realignment of [-953]
funds........................
DAF requested realignment of [18,233]
funds from OMAF SAG 11R......
COMM SECURITY
EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT.............. 98,600 98,600
INTELLIGENCE PROGRAMS
15 INTERNATIONAL INTEL TFECH & 5,393 5,393
ARCHITECTURES................
16 INTELLIGENCE TRAINING 5,012 5,012
EQUIPMENT....................
17 INTELLIGENCE COMM EQUIPMENT... 40,042 40,042
ELECTRONICS PROGRAMS
18 AIR TRAFFIC CONTROL & LANDING 67,581 67,581
SYS..........................
19 NATIONAL AIRSPACE SYSTEM...... 3,841 3,841
20 BATTLE CONTROL SYSTEM--FIXED.. 1,867 1,867
22 3D EXPEDITIONARY LONG-RANGE 83,735 83,735
RADAR........................
23 WEATHER OBSERVATION FORECAST.. 28,530 28,530
24 STRATEGIC COMMAND AND CONTROL. 73,593 73,593
25 CHEYENNE MOUNTAIN COMPLEX..... 8,221 8,221
26 MISSION PLANNING SYSTEMS...... 17,078 17,078
29 STRATEGIC MISSION PLANNING & 3,861 3,861
EXECUTION SYSTEM.............
SPCL COMM-ELECTRONICS PROJECTS
30 GENERAL INFORMATION TECHNOLOGY 206,142 237,093
DAF requested realignment of [30,951]
funds........................
31 AF GLOBAL COMMAND & CONTROL 2,582 2,582
SYS..........................
32 BATTLEFIELD AIRBORNE CONTROL 30 30
NODE (BACN)..................
33 MOBILITY COMMAND AND CONTROL.. 3,768 3,768
34 AIR FORCE PHYSICAL SECURITY 208,704 208,704
SYSTEM.......................
35 COMBAT TRAINING RANGES........ 346,340 346,340
36 MINIMUM ESSENTIAL EMERGENCY 84,102 84,102
COMM N.......................
37 WIDE AREA SURVEILLANCE (WAS).. 11,594 11,594
38 C3 COUNTERMEASURES............ 148,818 148,818
44 AIR & SPACE OPERATIONS CENTER 5,032 5,032
(AOC)........................
AIR FORCE COMMUNICATIONS
46 BASE INFORMATION TRANSPT 108,532 322,704
INFRAST (BITI) WIRED.........
DAF requested realignment of [214,172]
funds........................
47 AFNET......................... 154,911 154,911
48 JOINT COMMUNICATIONS SUPPORT 5,381 5,381
ELEMENT (JCSE)...............
49 USCENTCOM..................... 18,025 18,025
50 USSTRATCOM.................... 4,436 4,436
51 USSPACECOM.................... 27,073 27,073
ORGANIZATION AND BASE
52 TACTICAL C-E EQUIPMENT........ 226,819 226,819
53 RADIO EQUIPMENT............... 30,407 30,407
54 BASE COMM INFRASTRUCTURE...... 113,563 113,563
MODIFICATIONS
55 COMM ELECT MODS............... 98,224 98,224
PERSONAL SAFETY & RESCUE EQUIP
56 PERSONAL SAFETY AND RESCUE 60,473 60,473
EQUIPMENT....................
DEPOT PLANT+MTRLS HANDLING EQ
57 POWER CONDITIONING EQUIPMENT.. 9,235 9,235
58 MECHANIZED MATERIAL HANDLING 15,662 15,662
EQUIP........................
BASE SUPPORT EQUIPMENT
59 BASE PROCURED EQUIPMENT....... 77,875 77,875
60 ENGINEERING AND EOD EQUIPMENT. 280,734 288,968
DAF requested realignment of [2,284]
funds........................
DAF requested realignment of [5,950]
funds from OMAF SAG 11R......
61 MOBILITY EQUIPMENT............ 207,071 232,271
DAF requested realignment of [25,200]
funds from OMAF SAG 11R......
62 FUELS SUPPORT EQUIPMENT (FSE). 218,790 218,790
63 BASE MAINTENANCE AND SUPPORT 51,914 51,914
EQUIPMENT....................
SPECIAL SUPPORT PROJECTS
65 DARP RC135.................... 28,882 28,882
66 DCGS-AF....................... 129,655 129,655
70 SPECIAL UPDATE PROGRAM........ 1,042,833 1,042,833
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 25,456,490 25,456,490
SPARES AND REPAIR PARTS
71 SPARES AND REPAIR PARTS 1,032 1,032
(CYBER)......................
72 SPARES AND REPAIR PARTS....... 12,628 12,628
TOTAL OTHER PROCUREMENT, AIR 30,417,892 30,721,901
FORCE........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCSA
29 MAJOR EQUIPMENT............... 2,135 2,135
MAJOR EQUIPMENT, DHRA
43 PERSONNEL ADMINISTRATION...... 3,704 3,704
MAJOR EQUIPMENT, DISA
11 INFORMATION SYSTEMS SECURITY.. 12,275 12,275
12 TELEPORT PROGRAM.............. 42,399 42,399
14 ITEMS LESS THAN $5 MILLION.... 47,538 47,538
15 DEFENSE INFORMATION SYSTEM 39,472 39,472
NETWORK......................
16 WHITE HOUSE COMMUNICATION 118,523 118,523
AGENCY.......................
17 SENIOR LEADERSHIP ENTERPRISE.. 94,591 94,591
18 JOINT REGIONAL SECURITY STACKS 22,714 15,714
(JRSS).......................
Program reduction............. [-7,000]
19 JOINT SERVICE PROVIDER........ 107,637 107,637
20 FOURTH ESTATE NETWORK 33,047 33,047
OPTIMIZATION (4ENO)..........
MAJOR EQUIPMENT, DLA
28 MAJOR EQUIPMENT............... 30,355 30,355
MAJOR EQUIPMENT, DMACT
50 MAJOR EQUIPMENT............... 13,012 13,012
MAJOR EQUIPMENT, DODEA
49 AUTOMATION/EDUCATIONAL SUPPORT 1,358 1,358
& LOGISTICS..................
MAJOR EQUIPMENT, DPAA
1 MAJOR EQUIPMENT, DPAA......... 516 516
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
46 VEHICLES...................... 366 366
47 OTHER MAJOR EQUIPMENT......... 12,787 12,787
48 DTRA CYBER ACTIVITIES......... 21,413 21,413
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
31 THAAD......................... 216,782 216,782
33 AEGIS BMD..................... 374,756 374,756
35 BMDS AN/TPY-2 RADARS.......... 29,108 29,108
36 SM-3 IIAS..................... 432,824 432,824
37 ARROW 3 UPPER TIER SYSTEMS.... 80,000 80,000
38 SHORT RANGE BALLISTIC MISSILE 40,000 40,000
DEFENSE (SRBMD)..............
39 DEFENSE OF GUAM PROCUREMENT... 169,627 169,627
40 AEGIS ASHORE PHASE III........ 2,390 2,390
41 IRON DOME..................... 80,000 80,000
42 AEGIS BMD HARDWARE AND 27,825 27,825
SOFTWARE.....................
MAJOR EQUIPMENT, OSD
2 MAJOR EQUIPMENT, OSD.......... 186,006 186,006
MAJOR EQUIPMENT, TJS
30 MAJOR EQUIPMENT, TJS.......... 3,747 3,747
MAJOR EQUIPMENT, USCYBERCOM
51 CYBERSPACE OPERATIONS......... 129,082 160,082
Modernization of Department of [31,000]
Defense Internet Gateway
Cyber Defense................
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS........... 658,529 658,529
AVIATION PROGRAMS
53 ARMED OVERWATCH/TARGETING..... 266,846 266,846
54 MANNED ISR.................... 7,000 7,000
55 MC-12......................... 600 600
57 ROTARY WING UPGRADES AND 261,012 261,012
SUSTAINMENT..................
58 UNMANNED ISR.................. 26,997 26,997
59 NON-STANDARD AVIATION......... 25,782 25,782
60 U-28.......................... 7,198 7,198
61 MH-47 CHINOOK................. 149,883 149,883
62 CV-22 MODIFICATION............ 75,981 75,981
63 MQ-9 UNMANNED AERIAL VEHICLE.. 17,684 17,684
64 PRECISION STRIKE PACKAGE...... 108,497 108,497
65 AC/MC-130J.................... 319,754 319,754
66 C-130 MODIFICATIONS........... 18,796 18,796
SHIPBUILDING
67 UNDERWATER SYSTEMS............ 66,111 78,171
Seal Delivery Vehicle (SDV) [12,060]
Sonar Payload for Subsea
Seabed Acceleration..........
AMMUNITION PROGRAMS
68 ORDNANCE ITEMS <$5M........... 147,831 147,831
OTHER PROCUREMENT PROGRAMS
69 INTELLIGENCE SYSTEMS.......... 203,400 203,400
70 DISTRIBUTED COMMON GROUND/ 5,718 5,718
SURFACE SYSTEMS..............
71 OTHER ITEMS <$5M.............. 108,816 108,816
72 COMBATANT CRAFT SYSTEMS....... 55,064 55,064
73 SPECIAL PROGRAMS.............. 20,412 20,412
74 TACTICAL VEHICLES............. 56,561 56,561
75 WARRIOR SYSTEMS <$5M.......... 329,837 344,637
Counter Uncrewed Aerial [14,800]
Systems (CUAS) Group 3 Defeat
Acceleration.................
76 COMBAT MISSION REQUIREMENTS... 4,987 4,987
77 OPERATIONAL ENHANCEMENTS 23,639 23,639
INTELLIGENCE.................
78 OPERATIONAL ENHANCEMENTS...... 322,341 322,341
CBDP
79 CHEMICAL BIOLOGICAL 159,884 159,884
SITUATIONAL AWARENESS........
80 CB PROTECTION & HAZARD 231,826 236,826
MITIGATION...................
Chemical nerve agent [5,000]
countermeasures..............
TOTAL PROCUREMENT, DEFENSE- 6,056,975 6,112,835
WIDE.........................
TOTAL PROCUREMENT............. 167,988,341 169,840,643
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2024 Senate
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
1 0601102A DEFENSE RESEARCH SCIENCES......... 296,670 296,670
2 0601103A UNIVERSITY RESEARCH INITIATIVES... 75,672 75,672
3 0601104A UNIVERSITY AND INDUSTRY RESEARCH 108,946 108,946
CENTERS.
4 0601121A CYBER COLLABORATIVE RESEARCH 5,459 5,459
ALLIANCE.
5 0601601A ARTIFICIAL INTELLIGENCE AND 10,708 10,708
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 497,455 497,455
..................................
.................................. APPLIED RESEARCH
6 0602002A ARMY AGILE INNOVATION AND 5,613 5,613
DEVELOPMENT-APPLIED RESEARCH.
8 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,242 6,242
STUDIES.
9 0602141A LETHALITY TECHNOLOGY.............. 85,578 85,578
10 0602142A ARMY APPLIED RESEARCH............. 34,572 34,572
11 0602143A SOLDIER LETHALITY TECHNOLOGY...... 104,470 114,470
.................................. Airborne Pathfinder............... [10,000]
12 0602144A GROUND TECHNOLOGY................. 60,005 80,005
.................................. Critical hybrid advanced materials [7,000]
processing.
.................................. Engineered repair materials for [3,000]
roadways.
.................................. Polar proving ground and training [5,000]
program.
.................................. Titanium metal powder production [5,000]
technology.
13 0602145A NEXT GENERATION COMBAT VEHICLE 166,500 181,500
TECHNOLOGY.
.................................. Fuel cells for next generation [5,000]
combat vehicles.
.................................. Hydrogen fuel source research and [10,000]
development.
14 0602146A NETWORK C3I TECHNOLOGY............ 81,618 81,618
15 0602147A LONG RANGE PRECISION FIRES 34,683 34,683
TECHNOLOGY.
16 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 73,844 73,844
17 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 33,301 38,301
.................................. Counter-Unmanned Aircraft Systems [5,000]
technology.
18 0602180A ARTIFICIAL INTELLIGENCE AND 24,142 24,142
MACHINE LEARNING TECHNOLOGIES.
19 0602181A ALL DOMAIN CONVERGENCE APPLIED 14,297 14,297
RESEARCH.
20 0602182A C3I APPLIED RESEARCH.............. 30,659 30,659
21 0602183A AIR PLATFORM APPLIED RESEARCH..... 48,163 48,163
22 0602184A SOLDIER APPLIED RESEARCH.......... 18,986 18,986
23 0602213A C3I APPLIED CYBER................. 22,714 22,714
24 0602386A BIOTECHNOLOGY FOR MATERIALS-- 16,736 16,736
APPLIED RESEARCH.
25 0602785A MANPOWER/PERSONNEL/TRAINING 19,969 19,969
TECHNOLOGY.
26 0602787A MEDICAL TECHNOLOGY................ 66,266 71,266
.................................. Preventing trauma-related stress [5,000]
disorder.
.................................. SUBTOTAL APPLIED RESEARCH......... 948,358 1,003,358
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
27 0603002A MEDICAL ADVANCED TECHNOLOGY....... 4,147 4,147
28 0603007A MANPOWER, PERSONNEL AND TRAINING 16,316 16,316
ADVANCED TECHNOLOGY.
29 0603025A ARMY AGILE INNOVATION AND 23,156 23,156
DEMONSTRATION.
30 0603040A ARTIFICIAL INTELLIGENCE AND 13,187 18,187
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
.................................. Tactical artificial intelligence [5,000]
and machine learning.
31 0603041A ALL DOMAIN CONVERGENCE ADVANCED 33,332 33,332
TECHNOLOGY.
32 0603042A C3I ADVANCED TECHNOLOGY........... 19,225 19,225
33 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 14,165 14,165
34 0603044A SOLDIER ADVANCED TECHNOLOGY....... 1,214 1,214
36 0603116A LETHALITY ADVANCED TECHNOLOGY..... 20,582 20,582
37 0603117A ARMY ADVANCED TECHNOLOGY 136,280 136,280
DEVELOPMENT.
38 0603118A SOLDIER LETHALITY ADVANCED 102,778 102,778
TECHNOLOGY.
39 0603119A GROUND ADVANCED TECHNOLOGY........ 40,597 45,597
.................................. Advanced composites and multi- [5,000]
material protective systems.
40 0603134A COUNTER IMPROVISED-THREAT 21,672 21,672
SIMULATION.
41 0603386A BIOTECHNOLOGY FOR MATERIALS-- 59,871 59,871
ADVANCED RESEARCH.
42 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 28,847 28,847
43 0603461A HIGH PERFORMANCE COMPUTING 255,772 265,772
MODERNIZATION PROGRAM.
.................................. High Performance Computing [10,000]
Modernization Program increase.
44 0603462A NEXT GENERATION COMBAT VEHICLE 217,394 224,394
ADVANCED TECHNOLOGY.
.................................. Advanced Manufacturing Center of [7,000]
Excellence.
45 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 105,549 105,549
46 0603464A LONG RANGE PRECISION FIRES 153,024 158,024
ADVANCED TECHNOLOGY.
.................................. Aluminum-Lithium Alloy Solid [5,000]
Rocket Motor.
47 0603465A FUTURE VERTICAL LIFT ADVANCED 158,795 158,795
TECHNOLOGY.
48 0603466A AIR AND MISSILE DEFENSE ADVANCED 21,015 26,015
TECHNOLOGY.
.................................. Rapid Assurance Modernization [5,000]
Program-Test.
49 0603920A HUMANITARIAN DEMINING............. 9,068 9,068
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,455,986 1,492,986
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
51 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,904 12,904
INTEGRATION.
52 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 19,120 19,120
54 0603619A LANDMINE WARFARE AND BARRIER--ADV 47,537 47,537
DEV.
55 0603639A TANK AND MEDIUM CALIBER AMMUNITION 91,323 91,323
56 0603645A ARMORED SYSTEM MODERNIZATION--ADV 43,026 43,026
DEV.
57 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 3,550 3,550
58 0603766A TACTICAL ELECTRONIC SURVEILLANCE 65,567 65,567
SYSTEM--ADV DEV.
59 0603774A NIGHT VISION SYSTEMS ADVANCED 73,675 73,675
DEVELOPMENT.
60 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,720 31,720
DEM/VAL.
61 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,143 4,143
62 0603801A AVIATION--ADV DEV................. 1,502,160 1,502,160
63 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,604 7,604
ADV DEV.
64 0603807A MEDICAL SYSTEMS--ADV DEV.......... 1,602 1,602
65 0603827A SOLDIER SYSTEMS--ADVANCED 27,681 27,681
DEVELOPMENT.
66 0604017A ROBOTICS DEVELOPMENT.............. 3,024 3,024
67 0604019A EXPANDED MISSION AREA MISSILE 97,018 97,018
(EMAM).
68 0604020A CROSS FUNCTIONAL TEAM (CFT) 117,557 117,557
ADVANCED DEVELOPMENT &
PROTOTYPING.
69 0604035A LOW EARTH ORBIT (LEO) SATELLITE 38,851 38,851
CAPABILITY.
70 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 191,394 191,394
ADV DEV.
71 0604037A TACTICAL INTEL TARGETING ACCESS 10,626 10,626
NODE (TITAN) ADV DEV.
72 0604100A ANALYSIS OF ALTERNATIVES.......... 11,095 11,095
73 0604101A SMALL UNMANNED AERIAL VEHICLE 5,144 5,144
(SUAV) (6.4).
74 0604103A ELECTRONIC WARFARE PLANNING AND 2,260 2,260
MANAGEMENT TOOL (EWPMT).
75 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 53,143 53,143
SYSTEM (FTUAS).
76 0604114A LOWER TIER AIR MISSILE DEFENSE 816,663 816,663
(LTAMD) SENSOR.
77 0604115A TECHNOLOGY MATURATION INITIATIVES. 281,314 281,314
78 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 281,239 281,239
(M-SHORAD).
79 0604119A ARMY ADVANCED COMPONENT 204,914 204,914
DEVELOPMENT & PROTOTYPING.
80 0604120A ASSURED POSITIONING, NAVIGATION 40,930 40,930
AND TIMING (PNT).
81 0604121A SYNTHETIC TRAINING ENVIRONMENT 109,714 109,714
REFINEMENT & PROTOTYPING.
82 0604134A COUNTER IMPROVISED-THREAT 16,426 16,426
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
83 0604135A STRATEGIC MID-RANGE FIRES......... 31,559 31,559
84 0604182A HYPERSONICS....................... 43,435 43,435
85 0604403A FUTURE INTERCEPTOR................ 8,040 8,040
86 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 64,242 64,242
SYSTEMS ADVANCED DEVELOPMENT.
87 0604541A UNIFIED NETWORK TRANSPORT......... 40,915 40,915
9999 9999999999 CLASSIFIED PROGRAMS............... 19,200 19,200
.................................. SUBTOTAL ADVANCED COMPONENT 4,420,315 4,420,315
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
91 0604201A AIRCRAFT AVIONICS................. 13,673 13,673
92 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 12,789 12,789
93 0604601A INFANTRY SUPPORT WEAPONS.......... 64,076 64,076
94 0604604A MEDIUM TACTICAL VEHICLES.......... 28,226 28,226
95 0604611A JAVELIN........................... 7,827 7,827
96 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 44,197 44,197
97 0604633A AIR TRAFFIC CONTROL............... 1,134 1,134
98 0604641A TACTICAL UNMANNED GROUND VEHICLE 142,125 142,125
(TUGV).
99 0604642A LIGHT TACTICAL WHEELED VEHICLES... 53,564 53,564
100 0604645A ARMORED SYSTEMS MODERNIZATION 102,201 102,201
(ASM)--ENG DEV.
101 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 48,720 56,220
.................................. Enhanced Night Vision Goggle-- [7,500]
Binocular capability enhancements.
102 0604713A COMBAT FEEDING, CLOTHING, AND 2,223 2,223
EQUIPMENT.
103 0604715A NON-SYSTEM TRAINING DEVICES--ENG 21,441 21,441
DEV.
104 0604741A AIR DEFENSE COMMAND, CONTROL AND 74,738 74,738
INTELLIGENCE--ENG DEV.
105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 30,985 30,985
DEVELOPMENT.
106 0604746A AUTOMATIC TEST EQUIPMENT 13,626 13,626
DEVELOPMENT.
107 0604760A DISTRIBUTIVE INTERACTIVE 8,802 8,802
SIMULATIONS (DIS)--ENG DEV.
108 0604798A BRIGADE ANALYSIS, INTEGRATION AND 20,828 20,828
EVALUATION.
109 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 243,851 243,851
110 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 37,420 42,420
ENG DEV.
.................................. Ultra-Lightweight Camouflage Net [5,000]
System.
111 0604805A COMMAND, CONTROL, COMMUNICATIONS 34,214 34,214
SYSTEMS--ENG DEV.
112 0604807A MEDICAL MATERIEL/MEDICAL 6,496 6,496
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
113 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 13,581 13,581
114 0604818A ARMY TACTICAL COMMAND & CONTROL 168,574 168,574
HARDWARE & SOFTWARE.
115 0604820A RADAR DEVELOPMENT................. 94,944 94,944
116 0604822A GENERAL FUND ENTERPRISE BUSINESS 2,965 2,965
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,333 11,333
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 79,250 79,250
SYSTEMS--EMD.
119 0604854A ARTILLERY SYSTEMS--EMD............ 42,490 42,490
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 104,024 104,024
121 0605018A INTEGRATED PERSONNEL AND PAY 102,084 102,084
SYSTEM-ARMY (IPPS-A).
123 0605030A JOINT TACTICAL NETWORK CENTER 18,662 18,662
(JTNC).
124 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,328 30,328
125 0605035A COMMON INFRARED COUNTERMEASURES 11,509 11,509
(CIRCM).
126 0605036A COMBATING WEAPONS OF MASS 1,050 1,050
DESTRUCTION (CWMD).
128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 27,714 27,714
129 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,318 4,318
(LOW-TIER).
130 0605047A CONTRACT WRITING SYSTEM........... 16,355 16,355
131 0605049A MISSILE WARNING SYSTEM 27,571 27,571
MODERNIZATION (MWSM).
132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 24,900 24,900
133 0605052A INDIRECT FIRE PROTECTION 196,248 196,248
CAPABILITY INC 2--BLOCK 1.
134 0605053A GROUND ROBOTICS................... 35,319 35,319
135 0605054A EMERGING TECHNOLOGY INITIATIVES... 201,274 201,274
137 0605144A NEXT GENERATION LOAD DEVICE-- 36,970 36,970
MEDIUM.
139 0605148A TACTICAL INTEL TARGETING ACCESS 132,136 132,136
NODE (TITAN) EMD.
140 0605203A ARMY SYSTEM DEVELOPMENT & 81,657 81,657
DEMONSTRATION.
141 0605205A SMALL UNMANNED AERIAL VEHICLE 31,284 31,284
(SUAV) (6.5).
142 0605206A CI AND HUMINT EQUIPMENT PROGRAM- 2,170 2,170
ARMY (CIHEP-A).
143 0605216A JOINT TARGETING INTEGRATED COMMAND 9,290 9,290
AND COORDINATION SUITE (JTIC2S).
144 0605224A MULTI-DOMAIN INTELLIGENCE......... 41,003 41,003
146 0605231A PRECISION STRIKE MISSILE (PRSM)... 272,786 272,786
147 0605232A HYPERSONICS EMD................... 900,920 900,920
148 0605233A ACCESSIONS INFORMATION ENVIRONMENT 27,361 27,361
(AIE).
149 0605235A STRATEGIC MID-RANGE CAPABILITY.... 348,855 348,855
150 0605236A INTEGRATED TACTICAL COMMUNICATIONS 22,901 22,901
151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 3,014 3,014
152 0605457A ARMY INTEGRATED AIR AND MISSILE 284,095 284,095
DEFENSE (AIAMD).
153 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 36,016 36,016
SYSTEMS SYS DEV & DEMONSTRATION.
154 0605625A MANNED GROUND VEHICLE............. 996,653 996,653
155 0605766A NATIONAL CAPABILITIES INTEGRATION 15,129 15,129
(MIP).
156 0605812A JOINT LIGHT TACTICAL VEHICLE 27,243 27,243
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
157 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,167 1,167
158 0303032A TROJAN--RH12...................... 3,879 3,879
159 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 137,186 137,186
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,639,364 5,651,864
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
160 0604256A THREAT SIMULATOR DEVELOPMENT...... 38,492 38,492
161 0604258A TARGET SYSTEMS DEVELOPMENT........ 11,873 11,873
162 0604759A MAJOR T&E INVESTMENT.............. 76,167 76,167
163 0605103A RAND ARROYO CENTER................ 37,078 37,078
164 0605301A ARMY KWAJALEIN ATOLL.............. 314,872 314,872
165 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 95,551 95,551
167 0605601A ARMY TEST RANGES AND FACILITIES... 439,118 449,118
.................................. Radar Range Replacement Program... [10,000]
168 0605602A ARMY TECHNICAL TEST 42,220 42,220
INSTRUMENTATION AND TARGETS.
169 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 37,518 37,518
170 0605606A AIRCRAFT CERTIFICATION............ 2,718 2,718
172 0605706A MATERIEL SYSTEMS ANALYSIS......... 26,902 26,902
173 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,805 7,805
174 0605712A SUPPORT OF OPERATIONAL TESTING.... 75,133 75,133
175 0605716A ARMY EVALUATION CENTER............ 71,118 71,118
176 0605718A ARMY MODELING & SIM X-CMD 11,204 11,204
COLLABORATION & INTEG.
177 0605801A PROGRAMWIDE ACTIVITIES............ 93,895 93,895
178 0605803A TECHNICAL INFORMATION ACTIVITIES.. 31,327 31,327
179 0605805A MUNITIONS STANDARDIZATION, 50,409 50,409
EFFECTIVENESS AND SAFETY.
180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,629 1,629
MGMT SUPPORT.
181 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,843 55,843
R&D - MHA.
182 0606002A RONALD REAGAN BALLISTIC MISSILE 91,340 91,340
DEFENSE TEST SITE.
183 0606003A COUNTERINTEL AND HUMAN INTEL 6,348 6,348
MODERNIZATION.
185 0606942A ASSESSMENTS AND EVALUATIONS CYBER 6,025 6,025
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,624,585 1,634,585
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 14,465 14,465
188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,472 7,472
189 0607131A WEAPONS AND MUNITIONS PRODUCT 8,425 8,425
IMPROVEMENT PROGRAMS.
190 0607136A BLACKHAWK PRODUCT IMPROVEMENT 1,507 11,507
PROGRAM.
.................................. Program increase.................. [10,000]
191 0607137A CHINOOK PRODUCT IMPROVEMENT 9,265 19,265
PROGRAM.
.................................. Program increase.................. [10,000]
192 0607139A IMPROVED TURBINE ENGINE PROGRAM... 201,247 201,247
193 0607142A AVIATION ROCKET SYSTEM PRODUCT 3,014 3,014
IMPROVEMENT AND DEVELOPMENT.
194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 25,393 25,393
PRODUCTS.
195 0607145A APACHE FUTURE DEVELOPMENT......... 10,547 20,547
.................................. Apache future development program [10,000]
increase.
196 0607148A AN/TPQ-53 COUNTERFIRE TARGET 54,167 54,167
ACQUISITION RADAR SYSTEM.
197 0607150A INTEL CYBER DEVELOPMENT........... 4,345 4,345
198 0607312A ARMY OPERATIONAL SYSTEMS 19,000 19,000
DEVELOPMENT.
199 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,389 6,389
200 0607315A ENDURING TURBINE ENGINES AND POWER 2,411 2,411
SYSTEMS.
201 0607665A FAMILY OF BIOMETRICS.............. 797 797
202 0607865A PATRIOT PRODUCT IMPROVEMENT....... 177,197 177,197
203 0203728A JOINT AUTOMATED DEEP OPERATION 42,177 42,177
COORDINATION SYSTEM (JADOCS).
204 0203735A COMBAT VEHICLE IMPROVEMENT 146,635 146,635
PROGRAMS.
205 0203743A 155MM SELF-PROPELLED HOWITZER 122,902 122,902
IMPROVEMENTS.
207 0203752A AIRCRAFT ENGINE COMPONENT 146 146
IMPROVEMENT PROGRAM.
208 0203758A DIGITIZATION...................... 1,515 1,515
209 0203801A MISSILE/AIR DEFENSE PRODUCT 4,520 4,520
IMPROVEMENT PROGRAM.
210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,044 10,044
PROGRAMS.
211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 281 281
OPERATIONAL SYSTEM DEV.
212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,952 75,952
SYSTEM (GMLRS).
213 0208053A JOINT TACTICAL GROUND SYSTEM...... 203 203
216 0303028A SECURITY AND INTELLIGENCE 301 301
ACTIVITIES.
217 0303140A INFORMATION SYSTEMS SECURITY 15,323 15,323
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 13,082 13,082
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 26,838 26,838
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,456 9,456
225 0305219A MQ-1C GRAY EAGLE UAS.............. 6,629 6,629
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 75,317 75,317
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 8,786 8,786
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,105,748 1,135,748
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 83,570 83,570
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 83,570 83,570
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 15,775,381 15,919,881
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
1 0601103N UNIVERSITY RESEARCH INITIATIVES... 96,355 96,355
2 0601153N DEFENSE RESEARCH SCIENCES......... 540,908 540,908
.................................. SUBTOTAL BASIC RESEARCH........... 637,263 637,263
..................................
.................................. APPLIED RESEARCH
3 0602114N POWER PROJECTION APPLIED RESEARCH. 23,982 23,982
4 0602123N FORCE PROTECTION APPLIED RESEARCH. 142,148 142,148
5 0602131M MARINE CORPS LANDING FORCE 59,208 59,208
TECHNOLOGY.
6 0602235N COMMON PICTURE APPLIED RESEARCH... 52,090 52,090
7 0602236N WARFIGHTER SUSTAINMENT APPLIED 74,722 82,722
RESEARCH.
.................................. Research on foreign malign [8,000]
influence operations.
8 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,473 92,473
RESEARCH.
9 0602435N OCEAN WARFIGHTING ENVIRONMENT 80,806 87,806
APPLIED RESEARCH.
.................................. Intelligent Autonomous Systems for [7,000]
Seabed Warfare.
10 0602651M JOINT NON-LETHAL WEAPONS APPLIED 7,419 7,419
RESEARCH.
11 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 61,503 61,503
12 0602750N FUTURE NAVAL CAPABILITIES APPLIED 182,662 182,662
RESEARCH.
13 0602782N MINE AND EXPEDITIONARY WARFARE 30,435 30,435
APPLIED RESEARCH.
14 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 133,828 133,828
APPLIED RESEARCH.
15 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 85,063 85,063
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,026,339 1,041,339
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
16 0603123N FORCE PROTECTION ADVANCED 29,512 29,512
TECHNOLOGY.
17 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,418 8,418
TECHNOLOGY.
18 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 112,329 112,329
RE-ENTRY SYSTEMS.
19 0603640M USMC ADVANCED TECHNOLOGY 308,217 323,217
DEMONSTRATION (ATD).
.................................. Adaptive Future Force............. [5,000]
.................................. Hardware In the Loop capabilities. [5,000]
.................................. Next generation unmanned aerial [5,000]
system distribution platform.
20 0603651M JOINT NON-LETHAL WEAPONS 15,556 15,556
TECHNOLOGY DEVELOPMENT.
21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 264,700 264,700
TECHNOLOGY DEVELOPMENT.
22 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 61,843 61,843
23 0603729N WARFIGHTER PROTECTION ADVANCED 5,100 9,100
TECHNOLOGY.
.................................. Balloon catheter hemorrhage [4,000]
control device.
24 0603758N NAVY WARFIGHTING EXPERIMENTS AND 75,898 75,898
DEMONSTRATIONS.
25 0603782N MINE AND EXPEDITIONARY WARFARE 2,048 2,048
ADVANCED TECHNOLOGY.
26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 132,931 132,931
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,016,552 1,035,552
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
27 0603128N UNMANNED AERIAL SYSTEM............ 108,225 108,225
28 0603178N LARGE UNMANNED SURFACE VEHICLES 117,400 117,400
(LUSV).
29 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 40,653 40,653
30 0603216N AVIATION SURVIVABILITY............ 20,874 20,874
31 0603239N NAVAL CONSTRUCTION FORCES......... 7,821 7,821
32 0603254N ASW SYSTEMS DEVELOPMENT........... 17,090 17,090
33 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,721 3,721
34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 6,216 6,216
35 0603502N SURFACE AND SHALLOW WATER MINE 34,690 34,690
COUNTERMEASURES.
36 0603506N SURFACE SHIP TORPEDO DEFENSE...... 730 730
37 0603512N CARRIER SYSTEMS DEVELOPMENT....... 6,095 6,095
38 0603525N PILOT FISH........................ 916,208 916,208
39 0603527N RETRACT LARCH..................... 7,545 7,545
40 0603536N RETRACT JUNIPER................... 271,109 271,109
41 0603542N RADIOLOGICAL CONTROL.............. 811 811
42 0603553N SURFACE ASW....................... 1,189 1,189
43 0603561N ADVANCED SUBMARINE SYSTEM 88,415 88,415
DEVELOPMENT.
44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 15,119 15,119
45 0603563N SHIP CONCEPT ADVANCED DESIGN...... 89,939 89,939
46 0603564N SHIP PRELIMINARY DESIGN & 121,402 121,402
FEASIBILITY STUDIES.
47 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 319,656 319,656
48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 133,911 133,911
49 0603576N CHALK EAGLE....................... 116,078 116,078
50 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,615 32,615
51 0603582N COMBAT SYSTEM INTEGRATION......... 18,610 18,610
52 0603595N OHIO REPLACEMENT.................. 257,076 262,076
.................................. Advanced composites for wet [5,000]
submarine applications.
53 0603596N LCS MISSION MODULES............... 31,464 31,464
54 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 10,809 10,809
55 0603599N FRIGATE DEVELOPMENT............... 112,972 112,972
56 0603609N CONVENTIONAL MUNITIONS............ 9,030 9,030
57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 128,782 128,782
SYSTEM.
58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 44,766 44,766
DEVELOPMENT.
59 0603713N OCEAN ENGINEERING TECHNOLOGY 10,751 10,751
DEVELOPMENT.
60 0603721N ENVIRONMENTAL PROTECTION.......... 24,457 24,457
61 0603724N NAVY ENERGY PROGRAM............... 72,214 72,214
62 0603725N FACILITIES IMPROVEMENT............ 10,149 10,149
63 0603734N CHALK CORAL....................... 687,841 687,841
64 0603739N NAVY LOGISTIC PRODUCTIVITY........ 4,712 4,712
65 0603746N RETRACT MAPLE..................... 420,455 420,455
66 0603748N LINK PLUMERIA..................... 2,100,474 2,100,474
67 0603751N RETRACT ELM....................... 88,036 88,036
68 0603764M LINK EVERGREEN.................... 547,005 547,005
69 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,265 6,265
70 0603795N LAND ATTACK TECHNOLOGY............ 1,624 1,624
71 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 31,058 31,058
72 0603860N JOINT PRECISION APPROACH AND 22,590 22,590
LANDING SYSTEMS--DEM/VAL.
73 0603925N DIRECTED ENERGY AND ELECTRIC 52,129 52,129
WEAPON SYSTEMS.
74 0604014N F/A -18 INFRARED SEARCH AND TRACK 32,127 32,127
(IRST).
75 0604027N DIGITAL WARFARE OFFICE............ 181,001 181,001
76 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 110,506 110,506
VEHICLES.
77 0604029N UNMANNED UNDERSEA VEHICLE CORE 71,156 71,156
TECHNOLOGIES.
78 0604030N RAPID PROTOTYPING, EXPERIMENTATION 214,100 214,100
AND DEMONSTRATION..
79 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 6,900 6,900
80 0604112N GERALD R. FORD CLASS NUCLEAR 118,182 118,182
AIRCRAFT CARRIER (CVN 78--80).
82 0604127N SURFACE MINE COUNTERMEASURES...... 16,127 16,127
83 0604272N TACTICAL AIR DIRECTIONAL INFRARED 34,684 34,684
COUNTERMEASURES (TADIRCM).
84 0604289M NEXT GENERATION LOGISTICS......... 5,991 5,991
85 0604292N FUTURE VERTICAL LIFT (MARITIME 2,100 2,100
STRIKE).
86 0604320M RAPID TECHNOLOGY CAPABILITY 131,763 131,763
PROTOTYPE.
87 0604454N LX (R)............................ 21,319 21,319
88 0604536N ADVANCED UNDERSEA PROTOTYPING..... 104,328 104,328
89 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 11,567 11,567
(C-UAS).
90 0604659N PRECISION STRIKE WEAPONS 5,976 195,976
DEVELOPMENT PROGRAM.
.................................. Nuclear-armed sea-launched cruise [190,000]
missile.
91 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,993 9,993
ARCHITECTURE/ENGINEERING SUPPORT.
92 0604786N OFFENSIVE ANTI-SURFACE WARFARE 237,655 237,655
WEAPON DEVELOPMENT.
93 0605512N MEDIUM UNMANNED SURFACE VEHICLES 85,800 85,800
(MUSVS)).
94 0605513N UNMANNED SURFACE VEHICLE ENABLING 176,261 176,261
CAPABILITIES.
95 0605514M GROUND BASED ANTI-SHIP MISSILE.... 36,383 36,383
96 0605516M LONG RANGE FIRES.................. 36,763 36,763
97 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 901,064 901,064
98 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 10,167 10,167
99 0304240M ADVANCED TACTICAL UNMANNED 539 539
AIRCRAFT SYSTEM.
100 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 1,250 1,250
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 9,734,483 9,929,483
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
101 0603208N TRAINING SYSTEM AIRCRAFT.......... 44,120 44,120
102 0604038N MARITIME TARGETING CELL........... 30,922 30,922
103 0604212M OTHER HELO DEVELOPMENT............ 101,209 101,209
104 0604212N OTHER HELO DEVELOPMENT............ 2,604 2,604
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 8,263 8,263
106 0604215N STANDARDS DEVELOPMENT............. 4,039 4,039
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 62,350 62,350
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 771 771
109 0604230N WARFARE SUPPORT SYSTEM............ 109,485 109,485
110 0604231N COMMAND AND CONTROL SYSTEMS....... 87,457 87,457
111 0604234N ADVANCED HAWKEYE.................. 399,919 399,919
112 0604245M H-1 UPGRADES...................... 29,766 29,766
113 0604261N ACOUSTIC SEARCH SENSORS........... 51,531 51,531
114 0604262N V-22A............................. 137,597 137,597
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 42,155 42,155
116 0604269N EA-18............................. 172,507 172,507
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 171,384 171,384
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 35,376 35,376
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 40,477 40,477
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 451,397 451,397
(JTRS-NAVY).
121 0604282N NEXT GENERATION JAMMER (NGJ) 250,577 250,577
INCREMENT II.
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 453,311 453,311
ENGINEERING.
124 0604329N SMALL DIAMETER BOMB (SDB)......... 52,211 52,211
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 418,187 418,187
126 0604373N AIRBORNE MCM...................... 11,368 11,368
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 66,445 66,445
COUNTER AIR SYSTEMS ENGINEERING.
128 0604419N ADVANCED SENSORS APPLICATION 0 13,000
PROGRAM (ASAP).
.................................. Program increase.................. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 115,396 115,396
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,435 93,435
131 0604504N AIR CONTROL....................... 42,656 42,656
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,442 10,442
133 0604518N COMBAT INFORMATION CENTER 11,359 11,359
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 90,307 90,307
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 10,658 10,658
136 0604558N NEW DESIGN SSN.................... 234,356 234,356
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 71,516 71,516
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 22,462 22,462
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,279 4,279
140 0604601N MINE DEVELOPMENT.................. 104,731 104,731
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 229,668 229,668
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 9,064 9,064
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 62,329 62,329
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 9,319 9,319
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 1,964 1,964
146 0604755N SHIP SELF DEFENSE (DETECT & 158,426 158,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 47,492 47,492
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 125,206 125,206
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 19,969 19,969
150 0604771N MEDICAL DEVELOPMENT............... 6,061 6,061
151 0604777N NAVIGATION/ID SYSTEM.............. 45,262 45,262
154 0604850N SSN(X)............................ 361,582 361,582
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 22,663 22,663
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 282,138 282,138
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,340 8,340
158 0605180N TACAMO MODERNIZATION.............. 213,743 213,743
159 0605212M CH-53K RDTE....................... 222,288 222,288
160 0605215N MISSION PLANNING.................. 86,448 86,448
161 0605217N COMMON AVIONICS................... 81,076 81,076
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 1,343 1,343
163 0605327N T-AO 205 CLASS.................... 71 71
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 220,404 220,404
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 384 384
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 36,027 36,027
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 132,449 132,449
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 103,236 103,236
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,609 2,609
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 231,778 231,778
171 0301377N COUNTERING ADVANCED CONVENTIONAL 17,531 17,531
WEAPONS (CACW).
172 0304785N ISR & INFO OPERATIONS............. 174,271 174,271
173 0306250M CYBER OPERATIONS TECHNOLOGY 2,068 2,068
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,962,234 6,975,234
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,918 22,918
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 18,623 18,623
176 0604759N MAJOR T&E INVESTMENT.............. 74,221 74,221
177 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,229 3,229
178 0605154N CENTER FOR NAVAL ANALYSES......... 45,672 45,672
180 0605804N TECHNICAL INFORMATION SERVICES.... 1,000 1,000
181 0605853N MANAGEMENT, TECHNICAL & 124,328 124,328
INTERNATIONAL SUPPORT.
182 0605856N STRATEGIC TECHNICAL SUPPORT....... 4,053 4,053
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 203,447 203,447
184 0605864N TEST AND EVALUATION SUPPORT....... 481,975 484,975
.................................. Atlantic Undersea Test and [3,000]
Evaluation Center improvements.
185 0605865N OPERATIONAL TEST AND EVALUATION 29,399 29,399
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,504 27,504
(SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 9,183 9,183
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 34,976 34,976
189 0605898N MANAGEMENT HQ--R&D................ 41,331 41,331
190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,340 37,340
191 0305327N INSIDER THREAT.................... 2,246 2,246
192 0902498N MANAGEMENT HEADQUARTERS 2,168 2,168
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,163,613 1,166,613
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
196 0604840M F-35 C2D2......................... 544,625 544,625
197 0604840N F-35 C2D2......................... 543,834 543,834
198 0605520M MARINE CORPS AIR DEFENSE WEAPONS 99,860 99,860
SYSTEMS.
199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 153,440 153,440
(CEC).
200 0101221N STRATEGIC SUB & WEAPONS SYSTEM 321,648 331,648
SUPPORT.
.................................. Fleet Ballistic Missile Strategic [10,000]
Weapon System.
201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 62,694 62,694
202 0101226N SUBMARINE ACOUSTIC WARFARE 92,869 92,869
DEVELOPMENT.
203 0101402N NAVY STRATEGIC COMMUNICATIONS..... 51,919 51,919
204 0204136N F/A-18 SQUADRONS.................. 333,783 333,783
205 0204228N SURFACE SUPPORT................... 8,619 8,619
206 0204229N TOMAHAWK AND TOMAHAWK MISSION 122,834 122,834
PLANNING CENTER (TMPC).
207 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 76,279 76,279
208 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,103 1,103
SYSTEMS.
209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,991 1,991
(DISPLACEMENT CRAFT).
210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 92,674 92,674
ATOR).
211 0204571N CONSOLIDATED TRAINING SYSTEMS 115,894 115,894
DEVELOPMENT.
212 0204575N ELECTRONIC WARFARE (EW) READINESS 61,677 61,677
SUPPORT.
213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 59,555 59,555
214 0205620N SURFACE ASW COMBAT SYSTEM 29,973 29,973
INTEGRATION.
215 0205632N MK-48 ADCAP....................... 213,165 213,165
216 0205633N AVIATION IMPROVEMENTS............. 143,277 143,277
217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 152,546 152,546
218 0206313M MARINE CORPS COMMUNICATIONS 192,625 192,625
SYSTEMS.
219 0206335M COMMON AVIATION COMMAND AND 12,565 12,565
CONTROL SYSTEM (CAC2S).
220 0206623M MARINE CORPS GROUND COMBAT/ 83,900 83,900
SUPPORTING ARMS SYSTEMS.
221 0206624M MARINE CORPS COMBAT SERVICES 27,794 27,794
SUPPORT.
222 0206625M USMC INTELLIGENCE/ELECTRONIC 47,762 47,762
WARFARE SYSTEMS (MIP).
223 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 373 373
224 0207161N TACTICAL AIM MISSILES............. 36,439 36,439
225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 29,198 29,198
MISSILE (AMRAAM).
226 0208043N PLANNING AND DECISION AID SYSTEM 3,565 3,565
(PDAS).
230 0303138N AFLOAT NETWORKS................... 49,995 49,995
231 0303140N INFORMATION SYSTEMS SECURITY 33,390 33,390
PROGRAM.
232 0305192N MILITARY INTELLIGENCE PROGRAM 7,304 7,304
(MIP) ACTIVITIES.
233 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 11,235 11,235
234 0305205N UAS INTEGRATION AND 16,409 16,409
INTEROPERABILITY.
235 0305208M DISTRIBUTED COMMON GROUND/SURFACE 51,192 51,192
SYSTEMS.
236 0305220N MQ-4C TRITON...................... 12,094 12,094
237 0305231N MQ-8 UAV.......................... 29,700 29,700
238 0305232M RQ-11 UAV......................... 2,107 2,107
239 0305234N SMALL (LEVEL 0) TACTICAL UAS 2,999 2,999
(STUASL0).
240 0305241N MULTI-INTELLIGENCE SENSOR 49,460 49,460
DEVELOPMENT.
241 0305242M UNMANNED AERIAL SYSTEMS (UAS) 13,005 13,005
PAYLOADS (MIP).
242 0305251N CYBERSPACE OPERATIONS FORCES AND 2,000 2,000
FORCE SUPPORT.
243 0305421N RQ-4 MODERNIZATION................ 300,378 300,378
244 0307577N INTELLIGENCE MISSION DATA (IMD)... 788 788
245 0308601N MODELING AND SIMULATION SUPPORT... 10,994 10,994
246 0702207N DEPOT MAINTENANCE (NON-IF)........ 23,248 23,248
247 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,284 3,284
9999 9999999999 CLASSIFIED PROGRAMS............... 2,021,376 2,021,376
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,359,438 6,369,438
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
249 0608013N RISK MANAGEMENT INFORMATION-- 11,748 11,748
SOFTWARE PILOT PROGRAM.
250 0608231N MARITIME TACTICAL COMMAND AND 10,555 10,555
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 22,303 22,303
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 26,922,225 27,177,225
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
1 0601102F DEFENSE RESEARCH SCIENCES......... 401,486 401,486
2 0601103F UNIVERSITY RESEARCH INITIATIVES... 182,372 182,372
.................................. SUBTOTAL BASIC RESEARCH........... 583,858 583,858
..................................
.................................. APPLIED RESEARCH
3 0602020F FUTURE AF CAPABILITIES APPLIED 90,713 90,713
RESEARCH.
4 0602022F UNIVERSITY AFFILIATED RESEARCH 8,018 8,018
CENTER (UARC)--TACTICAL AUTONOMY.
5 0602102F MATERIALS......................... 142,325 151,325
.................................. Advanced materials science for [9,000]
manufacturing research.
6 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 161,268 161,268
7 0602202F HUMAN EFFECTIVENESS APPLIED 146,921 146,921
RESEARCH.
8 0602203F AEROSPACE PROPULSION.............. 184,867 184,867
9 0602204F AEROSPACE SENSORS................. 216,269 216,269
11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 10,303 10,303
MAJOR HEADQUARTERS ACTIVITIES.
12 0602602F CONVENTIONAL MUNITIONS............ 160,599 160,599
13 0602605F DIRECTED ENERGY TECHNOLOGY........ 129,961 118,452
.................................. DAF requested realignment of funds [-11,509]
to 6601SF.
14 0602788F DOMINANT INFORMATION SCIENCES AND 182,076 220,076
METHODS.
.................................. Distributed quantum information [5,000]
sciences networking testbed.
.................................. Future Flag experimentation [15,000]
testbed.
.................................. Ion trapped quantum information [8,000]
sciences computer.
.................................. Multi-domain radio frequency [5,000]
spectrum testing environment.
.................................. Secure interference-avoiding [5,000]
connectivity of autonomous
artificially intelligent machines.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,433,320 1,468,811
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
15 0603032F FUTURE AF INTEGRATED TECHNOLOGY 255,855 213,655
DEMOS.
.................................. Program reduction................. [-42,200]
16 0603112F ADVANCED MATERIALS FOR WEAPON 30,372 30,372
SYSTEMS.
17 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,478 10,478
(S&T).
18 0603203F ADVANCED AEROSPACE SENSORS........ 48,046 48,046
19 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 51,896 61,896
.................................. Semiautonomous adversary air [10,000]
platform.
20 0603216F AEROSPACE PROPULSION AND POWER 56,789 56,789
TECHNOLOGY.
21 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 32,510 32,510
22 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 70,321 70,321
RE-ENTRY SYSTEMS.
23 0603444F MAUI SPACE SURVEILLANCE SYSTEM 2 2
(MSSS).
24 0603456F HUMAN EFFECTIVENESS ADVANCED 15,593 15,593
TECHNOLOGY DEVELOPMENT.
25 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 132,311 132,311
26 0603605F ADVANCED WEAPONS TECHNOLOGY....... 102,997 102,997
27 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 44,422 49,422
.................................. Additive manufacturing for [5,000]
aerospace parts.
28 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 37,779 37,779
AND DEMONSTRATION.
29 0207412F CONTROL AND REPORTING CENTER (CRC) 2,005 2,005
.................................. SUBTOTAL ADVANCED TECHNOLOGY 891,376 864,176
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
30 0603036F MODULAR ADVANCED MISSILE.......... 105,238 105,238
31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,237 6,237
32 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,298 21,298
33 0603790F NATO RESEARCH AND DEVELOPMENT..... 2,208 2,208
34 0603851F INTERCONTINENTAL BALLISTIC 45,319 75,319
MISSILE--DEM/VAL.
.................................. Enhanced ICBM guidance capability [30,000]
and testing.
35 0604001F NC3 ADVANCED CONCEPTS............. 10,011 10,011
37 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 500,575 500,575
(ABMS).
38 0604004F ADVANCED ENGINE DEVELOPMENT....... 595,352 595,352
39 0604005F NC3 COMMERCIAL DEVELOPMENT & 78,799 78,799
PROTOTYPING.
40 0604006F DEPT OF THE AIR FORCE TECH 2,620 0
ARCHITECTURE.
.................................. DAF requested realignment of funds [-2,620]
to 64858F.
41 0604007F E-7............................... 681,039 681,039
42 0604009F AFWERX PRIME...................... 83,336 83,336
43 0604015F LONG RANGE STRIKE--BOMBER......... 2,984,143 2,984,143
44 0604025F RAPID DEFENSE EXPERIMENTATION 154,300 154,300
RESERVE (RDER).
45 0604032F DIRECTED ENERGY PROTOTYPING....... 1,246 1,246
46 0604033F HYPERSONICS PROTOTYPING........... 150,340 0
.................................. Air-Launched Rapid Response Weapon [-150,340]
reduction.
47 0604183F HYPERSONICS PROTOTYPING-- 381,528 381,528
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
48 0604201F PNT RESILIENCY, MODS, AND 18,041 18,041
IMPROVEMENTS.
49 0604257F ADVANCED TECHNOLOGY AND SENSORS... 27,650 27,650
50 0604288F SURVIVABLE AIRBORNE OPERATIONS 888,829 888,829
CENTER (SAOC).
51 0604317F TECHNOLOGY TRANSFER............... 26,638 26,638
52 0604327F HARD AND DEEPLY BURIED TARGET 19,266 19,266
DEFEAT SYSTEM (HDBTDS) PROGRAM.
53 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 37,121 37,121
ACS.
55 0604668F JOINT TRANSPORTATION MANAGEMENT 37,026 37,026
SYSTEM (JTMS).
56 0604776F DEPLOYMENT & DISTRIBUTION 31,833 31,833
ENTERPRISE R&D.
57 0604858F TECH TRANSITION PROGRAM........... 210,806 235,476
.................................. DAF requested realignment of funds [17,550]
from OMAF SAG 11R.
.................................. DAF requested realignment of funds [4,500]
from OMAF SAG 11Z.
.................................. DAF requested realignment of funds [2,620]
from RDAF 64006F.
58 0604860F OPERATIONAL ENERGY AND 46,305 46,305
INSTALLATION RESILIENCE.
59 0605164F AIR REFUELING CAPABILITY 19,400 19,400
MODERNIZATION.
61 0207110F NEXT GENERATION AIR DOMINANCE..... 2,326,128 2,326,128
62 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 118,826 101,013
.................................. DAF requested realignment of funds [-17,813]
63 0207420F COMBAT IDENTIFICATION............. 1,902 1,902
64 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,763 19,763
(3DELRR).
65 0207522F AIRBASE AIR DEFENSE SYSTEMS 78,867 78,867
(ABADS).
66 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 8,175 8,175
68 0305236F COMMON DATA LINK EXECUTIVE AGENT 25,157 25,157
(CDL EA).
69 0305601F MISSION PARTNER ENVIRONMENTS...... 17,727 17,727
72 0708051F RAPID SUSTAINMENT MODERNIZATION 43,431 43,431
(RSM).
73 0808737F INTEGRATED PRIMARY PREVENTION..... 9,364 9,364
74 0901410F CONTRACTING INFORMATION TECHNOLOGY 28,294 28,294
SYSTEM.
75 1206415F U.S. SPACE COMMAND RESEARCH AND 14,892 14,892
DEVELOPMENT SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 9,859,030 9,742,927
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
76 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,757 9,757
PROGRAMS.
77 0604201F PNT RESILIENCY, MODS, AND 163,156 163,156
IMPROVEMENTS.
78 0604222F NUCLEAR WEAPONS SUPPORT........... 45,884 45,884
79 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 13,804 13,804
80 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 74,023 79,023
.................................. DAF requested realignment of funds [5,000]
81 0604287F PHYSICAL SECURITY EQUIPMENT....... 10,605 10,605
82 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,918 5,918
83 0604604F SUBMUNITIONS...................... 3,345 3,345
84 0604617F AGILE COMBAT SUPPORT.............. 21,967 21,967
85 0604706F LIFE SUPPORT SYSTEMS.............. 39,301 39,301
86 0604735F COMBAT TRAINING RANGES............ 152,569 152,569
87 0604932F LONG RANGE STANDOFF WEAPON........ 911,406 891,406
.................................. DAF realignment of funds.......... [-20,000]
88 0604933F ICBM FUZE MODERNIZATION........... 71,732 71,732
89 0605030F JOINT TACTICAL NETWORK CENTER 2,256 2,256
(JTNC).
90 0605031F JOINT TACTICAL NETWORK (JTN)...... 452 452
91 0605056F OPEN ARCHITECTURE MANAGEMENT...... 36,582 36,582
92 0605057F NEXT GENERATION AIR-REFUELING 7,928 7,928
SYSTEM.
93 0605223F ADVANCED PILOT TRAINING........... 77,252 77,252
94 0605229F HH-60W............................ 48,268 48,268
95 0605238F GROUND BASED STRATEGIC DETERRENT 3,746,935 3,739,285
EMD.
.................................. DAF requested realignment of funds [-7,650]
96 0207171F F-15 EPAWSS....................... 13,982 13,982
97 0207279F ISOLATED PERSONNEL SURVIVABILITY 56,225 56,225
AND RECOVERY.
98 0207328F STAND IN ATTACK WEAPON............ 298,585 298,585
99 0207701F FULL COMBAT MISSION TRAINING...... 7,597 7,597
100 0208036F MEDICAL C-CBRNE PROGRAMS.......... 2,006 2,006
102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES 30,000 30,000
103 0401221F KC-46A TANKER SQUADRONS........... 124,662 124,662
104 0401319F VC-25B............................ 490,701 470,701
.................................. 5G interference mitigation for [30,000]
critical aircraft navigation and
sensor systems on the
Presidential Aircraft Fleet.
.................................. Program reduction................. [-50,000]
105 0701212F AUTOMATED TEST SYSTEMS............ 12,911 12,911
106 0804772F TRAINING DEVELOPMENTS............. 1,922 1,922
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,481,731 6,439,081
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
107 0604256F THREAT SIMULATOR DEVELOPMENT...... 16,626 16,626
108 0604759F MAJOR T&E INVESTMENT.............. 31,143 31,143
109 0605101F RAND PROJECT AIR FORCE............ 38,398 38,398
110 0605502F SMALL BUSINESS INNOVATION RESEARCH 1,466 1,466
111 0605712F INITIAL OPERATIONAL TEST & 13,736 13,736
EVALUATION.
112 0605807F TEST AND EVALUATION SUPPORT....... 913,213 946,026
.................................. DAF requested realignment of funds [32,813]
113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 317,901 317,901
SYS.
114 0605828F ACQ WORKFORCE- GLOBAL REACH....... 541,677 541,677
115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 551,213 536,513
BUS SYS.
.................................. DAF requested realignment of funds [-14,700]
117 0605831F ACQ WORKFORCE- CAPABILITY 243,780 273,780
INTEGRATION.
.................................. DAF requested realignment of funds [30,000]
118 0605832F ACQ WORKFORCE- ADVANCED PRGM 109,030 77,030
TECHNOLOGY.
.................................. DAF requested realignment of funds [-32,000]
119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 336,788 336,788
120 0605898F MANAGEMENT HQ--R&D................ 5,005 6,705
.................................. DAF requested realignment of funds [1,700]
121 0605976F FACILITIES RESTORATION AND 87,889 87,889
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
122 0605978F FACILITIES SUSTAINMENT--TEST AND 35,065 35,065
EVALUATION SUPPORT.
123 0606017F REQUIREMENTS ANALYSIS AND 89,956 89,956
MATURATION.
124 0606398F MANAGEMENT HQ--T&E................ 7,453 7,453
126 0303255F COMMAND, CONTROL, COMMUNICATION, 20,871 40,871
AND COMPUTERS (C4)--STRATCOM.
.................................. NC3 network sensor demonstration.. [10,000]
.................................. NC3 Rapid Engineering Architecture [10,000]
Collaboration Hub (REACH).
127 0308602F ENTEPRISE INFORMATION SERVICES 100,357 100,357
(EIS).
128 0702806F ACQUISITION AND MANAGEMENT SUPPORT 20,478 20,478
129 0804731F GENERAL SKILL TRAINING............ 796 6,796
.................................. Security Work Readiness for Duty.. [6,000]
132 1001004F INTERNATIONAL ACTIVITIES.......... 3,917 3,917
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,486,758 3,530,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 41,464 41,464
TRAINING.
135 0604283F BATTLE MGMT COM & CTRL SENSOR 40,000 40,000
DEVELOPMENT.
136 0604445F WIDE AREA SURVEILLANCE............ 8,018 8,018
137 0604617F AGILE COMBAT SUPPORT.............. 5,645 5,645
139 0604840F F-35 C2D2......................... 1,275,268 1,270,268
.................................. DAF requested realignment of funds [-5,000]
140 0605018F AF INTEGRATED PERSONNEL AND PAY 40,203 40,203
SYSTEM (AF-IPPS).
141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 49,613 49,613
AGENCY.
142 0605117F FOREIGN MATERIEL ACQUISITION AND 93,881 93,881
EXPLOITATION.
143 0605278F HC/MC-130 RECAP RDT&E............. 36,536 36,536
144 0606018F NC3 INTEGRATION................... 22,910 22,910
145 0101113F B-52 SQUADRONS.................... 950,815 964,832
.................................. DAF requested realignment of funds [14,017]
146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 290 290
147 0101126F B-1B SQUADRONS.................... 12,619 12,619
148 0101127F B-2 SQUADRONS..................... 87,623 87,623
149 0101213F MINUTEMAN SQUADRONS............... 33,237 33,237
150 0101316F WORLDWIDE JOINT STRATEGIC 24,653 24,653
COMMUNICATIONS.
151 0101318F SERVICE SUPPORT TO STRATCOM-- 7,562 7,562
GLOBAL STRIKE.
153 0101328F ICBM REENTRY VEHICLES............. 475,415 475,415
155 0102110F MH-139A........................... 25,737 25,737
156 0102326F REGION/SECTOR OPERATION CONTROL 831 831
CENTER MODERNIZATION PROGRAM.
157 0102412F NORTH WARNING SYSTEM (NWS)........ 102 102
158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 428,754 428,754
159 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 15,498 19,498
GENERAL.
.................................. DAF requested realignment of funds [4,000]
160 0205219F MQ-9 UAV.......................... 81,123 81,123
161 0205671F JOINT COUNTER RCIED ELECTRONIC 2,303 2,303
WARFARE.
162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 7,312 7,312
EQUIPMENT.
164 0207133F F-16 SQUADRONS.................... 98,633 98,633
165 0207134F F-15E SQUADRONS................... 50,965 50,965
166 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,543 16,543
167 0207138F F-22A SQUADRONS................... 725,889 725,889
168 0207142F F-35 SQUADRONS.................... 97,231 97,231
169 0207146F F-15EX............................ 100,006 100,006
170 0207161F TACTICAL AIM MISSILES............. 41,958 41,958
171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 53,679 53,679
MISSILE (AMRAAM).
172 0207227F COMBAT RESCUE--PARARESCUE......... 726 726
173 0207238F E-11A............................. 64,888 64,888
174 0207247F AF TENCAP......................... 25,749 25,749
175 0207249F PRECISION ATTACK SYSTEMS 11,872 11,872
PROCUREMENT.
176 0207253F COMPASS CALL...................... 66,932 66,932
177 0207268F AIRCRAFT ENGINE COMPONENT 55,223 55,223
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 132,937 132,937
MISSILE (JASSM).
179 0207327F SMALL DIAMETER BOMB (SDB)......... 37,518 37,518
180 0207410F AIR & SPACE OPERATIONS CENTER 72,059 72,059
(AOC).
181 0207412F CONTROL AND REPORTING CENTER (CRC) 17,498 17,498
183 0207418F AFSPECWAR--TACP................... 2,106 2,106
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 72,010 72,010
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 6,467 6,467
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 10,388 10,388
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,060 10,060
189 0207452F DCAPES............................ 8,233 8,233
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,172 2,172
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,049 2,049
FORENSICS.
193 0207590F SEEK EAGLE........................ 33,478 33,478
195 0207605F WARGAMING AND SIMULATION CENTERS.. 11,894 11,894
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,811 3,811
198 0208006F MISSION PLANNING SYSTEMS.......... 96,272 96,272
199 0208007F TACTICAL DECEPTION................ 26,533 26,533
201 0208087F DISTRIBUTED CYBER WARFARE 50,122 50,122
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 113,064 113,064
208 0208288F INTEL DATA APPLICATIONS........... 967 967
209 0301025F GEOBASE........................... 1,514 1,514
211 0301113F CYBER SECURITY INTELLIGENCE 8,476 8,476
SUPPORT.
218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL 2,890 3,390
ISR BATTLESPACE AWARENESS.
.................................. Military Cyber Cooperation [500]
Activities with the Kingdom of
Jordan.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 39,868 39,868
CENTER (NAOC).
220 0303004F EIT CONNECT....................... 32,900 32,900
221 0303089F CYBERSPACE OPERATIONS SYSTEMS..... 4,881 4,881
222 0303131F MINIMUM ESSENTIAL EMERGENCY 33,567 33,567
COMMUNICATIONS NETWORK (MEECN).
223 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 40,000 40,000
224 0303140F INFORMATION SYSTEMS SECURITY 95,523 95,523
PROGRAM.
226 0303248F ALL DOMAIN COMMON PLATFORM........ 71,296 71,296
227 0303260F JOINT MILITARY DECEPTION 4,682 4,682
INITIATIVE.
228 0304100F STRATEGIC MISSION PLANNING & 64,944 64,944
EXECUTION SYSTEM (SMPES).
230 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,947 108,947
231 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,635 4,635
234 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 13,751 13,751
SERVICES.
235 0305020F CCMD INTELLIGENCE INFORMATION 1,660 1,660
TECHNOLOGY.
236 0305022F ISR MODERNIZATION & AUTOMATION 18,680 18,680
DVMT (IMAD).
237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 5,031 5,031
(GATM).
238 0305103F CYBER SECURITY INITIATIVE......... 301 301
239 0305111F WEATHER SERVICE................... 26,329 35,329
.................................. Weather service data migration.... [9,000]
240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,751 8,751
LANDING SYSTEM (ATCALS).
241 0305116F AERIAL TARGETS.................... 6,915 6,915
244 0305128F SECURITY AND INVESTIGATIVE 352 352
ACTIVITIES.
245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,930 6,930
ACTIVITIES.
246 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,588 21,588
247 0305202F DRAGON U-2........................ 16,842 16,842
248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 43,158 43,158
249 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,330 14,330
250 0305208F DISTRIBUTED COMMON GROUND/SURFACE 88,854 88,854
SYSTEMS.
251 0305220F RQ-4 UAV.......................... 1,242 1,242
252 0305221F NETWORK-CENTRIC COLLABORATIVE 12,496 12,496
TARGETING.
253 0305238F NATO AGS.......................... 2 2
254 0305240F SUPPORT TO DCGS ENTERPRISE........ 31,589 31,589
255 0305600F INTERNATIONAL INTELLIGENCE 15,322 15,322
TECHNOLOGY AND ARCHITECTURES.
256 0305881F RAPID CYBER ACQUISITION........... 8,830 8,830
257 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,764 2,764
(PRC2).
258 0307577F INTELLIGENCE MISSION DATA (IMD)... 7,090 7,090
259 0401115F C-130 AIRLIFT SQUADRON............ 5,427 5,427
260 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 29,502 29,502
261 0401130F C-17 AIRCRAFT (IF)................ 2,753 2,753
262 0401132F C-130J PROGRAM.................... 19,100 19,100
263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,982 5,982
(LAIRCM).
264 0401218F KC-135S........................... 51,105 51,105
265 0401318F CV-22............................. 18,127 18,127
266 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 9,198 9,198
268 0708610F LOGISTICS INFORMATION TECHNOLOGY 17,520 17,520
(LOGIT).
269 0801380F AF LVC OPERATIONAL TRAINING (LVC- 25,144 25,144
OT).
270 0804743F OTHER FLIGHT TRAINING............. 2,265 2,265
272 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,266 2,266
273 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,006 4,006
274 0901220F PERSONNEL ADMINISTRATION.......... 3,078 3,078
275 0901226F AIR FORCE STUDIES AND ANALYSIS 5,309 5,309
AGENCY.
276 0901538F FINANCIAL MANAGEMENT INFORMATION 4,279 4,279
SYSTEMS DEVELOPMENT.
277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,925 45,925
SYS (DEAMS).
278 1202140F SERVICE SUPPORT TO SPACECOM 9,778 9,778
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 16,814,245 16,814,245
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,829,283 23,851,800
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 46,565,356 46,481,224
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SF
.................................. APPLIED RESEARCH
4 1206601SF SPACE TECHNOLOGY.................. 206,196 350,663
.................................. Advanced analog microelectronics.. [8,600]
.................................. Advanced isotope power systems.... [5,000]
.................................. DAF requested realignment of funds [84,397]
.................................. Ground-based interferometry....... [16,000]
.................................. Lunar surface-based domain [5,000]
awareness.
.................................. Solar cruiser..................... [10,000]
.................................. Space modeling, simulation, and [15,470]
analysis hub.
.................................. SUBTOTAL APPLIED RESEARCH......... 206,196 350,663
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
5 1206310SF SPACE SCIENCE AND TECHNOLOGY 472,493 477,493
RESEARCH AND DEVELOPMENT.
.................................. Human performance optimization.... [5,000]
6 1206616SF SPACE ADVANCED TECHNOLOGY 110,033 158,033
DEVELOPMENT/DEMO.
.................................. DAF requested realignment of funds [40,000]
.................................. Modular multi-mode propulsion [8,000]
system.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 582,526 635,526
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
7 0604002SF SPACE FORCE WEATHER SERVICES 849 849
RESEARCH.
8 1203010SF SPACE FORCE IT, DATA ANALYTICS, 61,723 61,723
DIGITAL SOLUTIONS.
9 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 353,807 353,807
(USER EQUIPMENT) (SPACE).
10 1203622SF SPACE WARFIGHTING ANALYSIS........ 95,541 95,541
11 1203710SF EO/IR WEATHER SYSTEMS............. 95,615 112,115
.................................. Weather satellite risk reduction.. [16,500]
13 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 2,081,307 2,081,307
PROTOTYPING.
16 1206427SF SPACE SYSTEMS PROTOTYPE 145,948 105,948
TRANSITIONS (SSPT).
.................................. DAF requested realignment of funds [-40,000]
to 6616SF.
17 1206438SF SPACE CONTROL TECHNOLOGY.......... 58,374 58,374
18 1206458SF TECH TRANSITION (SPACE)........... 164,649 179,649
.................................. Encouraging the establishment of [15,000]
the outernet.
19 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,784 59,784
20 1206760SF PROTECTED TACTICAL ENTERPRISE 76,554 76,554
SERVICE (PTES).
21 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 360,126 360,126
22 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 632,833 632,833
23 1206857SF SPACE RAPID CAPABILITIES OFFICE... 12,036 12,036
24 1206862SF TACTICALLY RESPONSE SPACE......... 30,000 30,000
.................................. SUBTOTAL ADVANCED COMPONENT 4,229,146 4,220,646
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
25 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 308,999 308,999
27 1206421SF COUNTERSPACE SYSTEMS.............. 36,537 36,537
28 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 79,727 79,727
29 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 372,827 372,827
30 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 4,068 4,068
31 1206432SF POLAR MILSATCOM (SPACE)........... 73,757 73,757
32 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 49,445 49,445
33 1206440SF NEXT-GEN OPIR--GROUND............. 661,367 661,367
34 1206442SF NEXT GENERATION OPIR.............. 222,178 222,178
35 1206443SF NEXT-GEN OPIR--GEO................ 719,731 719,731
36 1206444SF NEXT-GEN OPIR--POLAR.............. 1,013,478 1,013,478
37 1206445SF COMMERCIAL SATCOM (COMSATCOM) 73,501 73,501
INTEGRATION.
38 1206446SF RESILIENT MISSILE WARNING MISSILE 1,266,437 1,519,222
TRACKING--LOW EARTH ORBIT (LEO).
.................................. DAF requested realignment of funds [252,785]
39 1206447SF RESILIENT MISSILE WARNING MISSILE 538,208 790,992
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. DAF requested realignment of funds [252,784]
40 1206448SF RESILIENT MISSILE WARNING MISSILE 505,569 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. DAF requested realignment of funds [-252,785]
to 6446SF.
.................................. DAF requested realignment of funds [-252,784]
to 6447SF.
41 1206853SF NATIONAL SECURITY SPACE LAUNCH 82,188 82,188
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,008,017 6,008,017
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
43 1203622SF SPACE WARFIGHTING ANALYSIS........ 3,568 3,568
46 1206392SF ACQ WORKFORCE--SPACE & MISSILE 258,969 276,500
SYSTEMS.
.................................. DAF requested realignment of funds [17,531]
47 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,694 15,053
MHA.
.................................. DAF requested realignment of funds [1,359]
48 1206601SF SPACE TECHNOLOGY.................. 91,778 0
.................................. DAF requested realignment of funds [-91,778]
49 1206759SF MAJOR T&E INVESTMENT--SPACE....... 146,797 146,797
50 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 18,023 18,023
(SPACE).
52 1206864SF SPACE TEST PROGRAM (STP).......... 30,192 30,192
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 563,021 490,133
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
55 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 91,369 91,369
(FAB-T).
56 1203040SF DCO-SPACE......................... 76,003 76,003
57 1203109SF NARROWBAND SATELLITE 230,785 230,785
COMMUNICATIONS.
58 1203110SF SATELLITE CONTROL NETWORK (SPACE). 86,465 86,465
59 1203154SF LONG RANGE KILL CHAINS............ 243,036 243,036
61 1203173SF SPACE AND MISSILE TEST AND 22,039 22,039
EVALUATION CENTER.
62 1203174SF SPACE INNOVATION, INTEGRATION AND 41,483 41,483
RAPID TECHNOLOGY DEVELOPMENT.
63 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,175 11,175
65 1203330SF SPACE SUPERIORITY ISR............. 28,730 28,730
67 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 20,752 28,752
.................................. Perimeter Acquisition Radar Attack [8,000]
Characterization System (PARCS)
radar.
68 1203906SF NCMC--TW/AA SYSTEM................ 25,545 25,545
69 1203913SF NUDET DETECTION SYSTEM (SPACE).... 93,391 93,391
70 1203940SF SPACE SITUATION AWARENESS 264,966 264,966
OPERATIONS.
71 1206423SF GLOBAL POSITIONING SYSTEM III-- 317,309 317,309
OPERATIONAL CONTROL SEGMENT.
75 1206770SF ENTERPRISE GROUND SERVICES........ 155,825 155,825
76 1208053SF JOINT TACTICAL GROUND SYSTEM...... 14,568 14,568
9999 9999999999 CLASSIFIED PROGRAMS............... 5,764,667 6,225,367
.................................. Space Force realignment of funds [270,000]
for classified program.
.................................. Space Force Unfunded Priorities [83,000]
List Classified Program B.
.................................. Space Force Unfunded Priorities [53,000]
List Classified Program C.
.................................. Space Force Unfunded Priorities [54,700]
List Classified Program D.
.................................. SUBTOTAL OPERATIONAL SYSTEMS 7,488,108 7,956,808
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
78 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 122,326 122,326
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 122,326 122,326
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 19,199,340 19,784,119
& EVAL, SF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
1 0601000BR DTRA BASIC RESEARCH............... 14,761 14,761
2 0601101E DEFENSE RESEARCH SCIENCES......... 311,531 311,531
3 0601108D8Z HIGH ENERGY LASER RESEARCH 16,329 16,329
INITIATIVES.
4 0601110D8Z BASIC RESEARCH INITIATIVES........ 71,783 96,783
.................................. Defense Established Program to [25,000]
Stimulate Competitive Research
(DEPSCoR).
5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 50,430 50,430
SCIENCE.
6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 159,549 169,549
.................................. Enhanced civics education program. [10,000]
7 0601228D8Z HISTORICALLY BLACK COLLEGES AND 100,467 100,467
UNIVERSITIES/MINORITY
INSTITUTIONS.
8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 36,235 36,235
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 761,085 796,085
..................................
.................................. APPLIED RESEARCH
9 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,157 19,157
10 0602115E BIOMEDICAL TECHNOLOGY............. 141,081 141,081
11 0602128D8Z PROMOTION AND PROTECTION 3,219 3,219
STRATEGIES.
12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 55,160 55,160
13 0602234D8Z LINCOLN LABORATORY RESEARCH 46,858 46,858
PROGRAM.
14 0602251D8Z APPLIED RESEARCH FOR THE 66,866 66,866
ADVANCEMENT OF S&T PRIORITIES.
15 0602303E INFORMATION & COMMUNICATIONS 333,029 333,029
TECHNOLOGY.
17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 240,610 240,610
PROGRAM.
18 0602668D8Z CYBER SECURITY RESEARCH........... 17,437 20,437
.................................. Semiconductor industry [3,000]
cybersecurity research.
19 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,718 4,718
SECURITY.
20 0602702E TACTICAL TECHNOLOGY............... 234,549 234,549
21 0602715E MATERIALS AND BIOLOGICAL 344,986 344,986
TECHNOLOGY.
22 0602716E ELECTRONICS TECHNOLOGY............ 572,662 572,662
23 0602718BR COUNTER WEAPONS OF MASS 208,870 208,870
DESTRUCTION APPLIED RESEARCH.
24 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,168 11,168
(SEI) APPLIED RESEARCH.
25 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,804 48,804
26 0602891D8Z FSRM MODELLING.................... 2,000 2,000
27 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 52,287 52,287
.................................. SUBTOTAL APPLIED RESEARCH......... 2,403,461 2,406,461
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
28 0603000D8Z JOINT MUNITIONS ADVANCED 37,706 37,706
TECHNOLOGY.
29 0603021D8Z NATIONAL SECURITY INNOVATION 15,085 15,085
CAPITAL.
30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 30,102 30,102
31 0603122D8Z COMBATING TERRORISM TECHNOLOGY 75,593 105,593
SUPPORT.
.................................. Loitering munition development.... [5,000]
.................................. U.S.-Israel defense collaboration [25,000]
on emerging technologies.
32 0603133D8Z FOREIGN COMPARATIVE TESTING....... 27,078 27,078
33 0603160BR COUNTER WEAPONS OF MASS 400,947 405,947
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Advanced manufacturing of [5,000]
energetic materials.
34 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 7,990 7,990
ASSESSMENT.
35 0603176C ADVANCED CONCEPTS AND PERFORMANCE 17,825 17,825
ASSESSMENT.
36 0603180C ADVANCED RESEARCH................. 21,461 21,461
37 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,292 52,292
DEVELOPMENT &TRANSITION.
38 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,567 19,567
DEVELOPMENT.
39 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT. 10,000 10,000
40 0603286E ADVANCED AEROSPACE SYSTEMS........ 331,753 331,753
41 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 134,809 134,809
42 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,328 24,328
43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 55,626 55,626
CONCEPTS.
44 0603330D8Z QUANTUM APPLICATION............... 75,000 75,000
46 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 104,729 104,729
47 0603375D8Z TECHNOLOGY INNOVATION............. 123,837 123,837
48 0603379D8Z ADVANCED TECHNICAL INTEGRATION.... 11,000 11,000
49 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 267,073 292,073
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Generative Unconstrained [25,000]
Intelligent Drug Engineering-
Enhanced Biodefense.
50 0603527D8Z RETRACT LARCH..................... 57,401 57,401
51 0603618D8Z JOINT ELECTRONIC ADVANCED 19,793 19,793
TECHNOLOGY.
53 0603662D8Z NETWORKED COMMUNICATIONS 11,197 11,197
CAPABILITIES.
54 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 252,965 264,965
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing at scale... [7,000]
.................................. Digital manufacturing [5,000]
modernization.
55 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,404 46,404
56 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 16,580 16,580
DEMONSTRATIONS.
57 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 60,387 60,387
PROGRAM.
58 0603720S MICROELECTRONICS TECHNOLOGY 144,707 144,707
DEVELOPMENT AND SUPPORT.
59 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,749 2,749
60 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 254,033 254,033
61 0603760E COMMAND, CONTROL AND 321,591 321,591
COMMUNICATIONS SYSTEMS.
62 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 885,425 885,425
63 0603767E SENSOR TECHNOLOGY................. 358,580 358,580
65 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 16,699 16,699
66 0603838D8Z DEFENSE INNOVATION ACCELERATION 257,110 257,110
(DIA).
67 0603924D8Z HIGH ENERGY LASER ADVANCED 111,799 111,799
TECHNOLOGY PROGRAM.
68 0603941D8Z TEST & EVALUATION SCIENCE & 345,384 345,384
TECHNOLOGY.
69 0603945D8Z AUKUS INNOVATION INITIATIVES...... 25,000 25,000
70 0603950D8Z NATIONAL SECURITY INNOVATION 21,575 28,575
NETWORK.
.................................. National Security Innovation [7,000]
Network.
71 0604055D8Z OPERATIONAL ENERGY CAPABILITY 171,668 181,668
IMPROVEMENT.
.................................. Increase for tristructural- [10,000]
isotrophic fuel.
72 1160402BB SOF ADVANCED TECHNOLOGY 156,097 156,097
DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 5,380,945 5,469,945
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
74 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 76,764 76,764
SECURITY EQUIPMENT RDT&E ADC&P.
75 0603600D8Z WALKOFF........................... 143,486 143,486
76 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 117,196 123,196
CERTIFICATION PROGRAM.
.................................. Sustainable Technology Evaluation [6,000]
and Demonstration program
increase.
77 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 220,311 220,311
DEFENSE SEGMENT.
78 0603882C BALLISTIC MISSILE DEFENSE 903,633 903,633
MIDCOURSE DEFENSE SEGMENT.
79 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 316,853 316,853
PROGRAM--DEM/VAL.
80 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 239,159 239,159
81 0603890C BMD ENABLING PROGRAMS............. 597,720 597,720
82 0603891C SPECIAL PROGRAMS--MDA............. 552,888 552,888
83 0603892C AEGIS BMD......................... 693,727 693,727
84 0603896C BALLISTIC MISSILE DEFENSE COMMAND 554,201 554,201
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
85 0603898C BALLISTIC MISSILE DEFENSE JOINT 48,248 48,248
WARFIGHTER SUPPORT.
86 0603904C MISSILE DEFENSE INTEGRATION & 50,549 50,549
OPERATIONS CENTER (MDIOC).
87 0603906C REGARDING TRENCH.................. 12,564 27,564
.................................. Program increase--MDA UFR......... [15,000]
88 0603907C SEA BASED X-BAND RADAR (SBX)...... 177,868 177,868
89 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 325,000
.................................. U.S.-Israel cooperation on [25,000]
directed energy capabilities.
90 0603914C BALLISTIC MISSILE DEFENSE TEST.... 360,455 360,455
91 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 570,258 580,258
.................................. Hypersonic Targets and [10,000]
Countermeasures Program.
92 0603923D8Z COALITION WARFARE................. 12,103 12,103
93 0604011D8Z NEXT GENERATION INFORMATION 179,278 179,278
COMMUNICATIONS TECHNOLOGY (5G).
94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,185 3,185
PROGRAM.
95 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,578 397,578
97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 34,350 34,350
INTELLIGENCE OFFICER (CDAO)--MIP.
98 0604181C HYPERSONIC DEFENSE................ 208,997 208,997
99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,085,826 1,085,826
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 810,839 810,839
101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 110,291 110,291
102 0604331J RAPID PROTOTYPING PROGRAM......... 9,880 9,880
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,643 2,643
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT INFORMATION SYSTEM....... 8,328 8,328
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 53,726 53,726
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,206 3,206
STRATEGIC ANALYSIS (SSA).
109 0604790D8Z RAPID DEFENSE EXPERIMENTATION 79,773 79,773
RESERVE (RDER).
110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 28,517 28,517
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
111 0604873C LONG RANGE DISCRIMINATION RADAR 103,517 103,517
(LRDR).
112 0604874C IMPROVED HOMELAND DEFENSE 2,130,838 2,130,838
INTERCEPTORS.
113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 47,577 47,577
DEFENSE SEGMENT TEST.
114 0604878C AEGIS BMD TEST.................... 193,484 193,484
115 0604879C BALLISTIC MISSILE DEFENSE SENSOR 111,049 111,049
TEST.
116 0604880C LAND-BASED SM-3 (LBSM3)........... 22,163 22,163
117 0604887C BALLISTIC MISSILE DEFENSE 41,824 41,824
MIDCOURSE SEGMENT TEST.
118 0202057C SAFETY PROGRAM MANAGEMENT......... 2,484 2,484
119 0208059JCY CYBERCOM ACTIVITIES............... 65,484 65,484
120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS.. 170,182 170,182
121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE).. 114,980 114,980
122 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,156 2,156
SYSTEMS.
123 0305103C CYBER SECURITY INITIATIVE......... 2,760 2,760
124 0305245D8Z INTELLIGENCE CAPABILITIES AND 3,000 3,000
INNOVATION INVESTMENTS.
125 0305251JCY CYBERSPACE OPERATIONS FORCES AND 2,669 2,669
FORCE SUPPORT.
126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC). 99,000 99,000
129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 109,483 109,483
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 12,187,050 12,243,050
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 615,246 615,246
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,229 6,229
SECURITY EQUIPMENT RDT&E SDD.
132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 382,977 382,977
PROGRAM--EMD.
133 0604771D8Z JOINT TACTICAL INFORMATION 9,775 9,775
DISTRIBUTION SYSTEM (JTIDS).
134 0605000BR COUNTER WEAPONS OF MASS 14,414 14,414
DESTRUCTION SYSTEMS DEVELOPMENT.
135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 6,953 6,953
136 0605021SE HOMELAND PERSONNEL SECURITY 9,292 9,292
INITIATIVE.
137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 18,981 18,981
138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,456 5,456
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,629 32,629
FINANCIAL SYSTEM.
141 0605141BR MISSION ASSURANCE RISK MANAGEMENT 9,316 9,316
SYSTEM (MARMS).
142 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,899 6,899
PROCUREMENT CAPABILITIES.
143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 297,586 297,586
145 0605772D8Z NUCLEAR COMMAND, CONTROL, & 4,110 4,110
COMMUNICATIONS.
146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,159 8,159
MANAGEMENT (EEIM).
147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 14,471 14,471
AND DEMONSTRATION.
148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST 3,770 3,770
WEAPONS OF MASS DESTRUCTION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,446,263 1,446,263
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
149 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,402 12,402
150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 12,746 12,746
(DRRS).
151 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,426 8,426
DEVELOPMENT.
152 0604940D8Z CENTRAL TEST AND EVALUATION 833,792 833,792
INVESTMENT DEVELOPMENT (CTEIP).
153 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 5,810 5,810
154 0605001E MISSION SUPPORT................... 99,090 99,090
155 0605100D8Z JOINT MISSION ENVIRONMENT TEST 187,421 187,421
CAPABILITY (JMETC).
156 0605126J JOINT INTEGRATED AIR AND MISSILE 61,477 61,477
DEFENSE ORGANIZATION (JIAMDO).
158 0605142D8Z SYSTEMS ENGINEERING............... 39,949 39,949
159 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 6,292 6,292
160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 21,043 21,043
161 0605170D8Z SUPPORT TO NETWORKS AND 10,504 10,504
INFORMATION INTEGRATION.
162 0605200D8Z GENERAL SUPPORT TO 2,980 2,980
OUSD(INTELLIGENCE AND SECURITY).
163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 74,382 74,382
PROGRAM.
170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,831 3,831
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 38,923 38,923
172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 60,404 60,404
173 0605801KA DEFENSE TECHNICAL INFORMATION 65,715 60,715
CENTER (DTIC).
.................................. Information Analysis Centers [-5,000]
reduction.
174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 26,037 26,037
TESTING AND EVALUATION.
175 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 37,353 37,353
176 0605898E MANAGEMENT HQ--R&D................ 14,833 14,833
177 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,752 3,752
INFORMATION CENTER (DTIC).
178 0606005D8Z SPECIAL ACTIVITIES................ 18,088 18,088
179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 14,427 14,427
180 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,200 4,200
SUPPORT.
181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 17,247 17,247
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,386 3,386
ANALYSIS.
183 0606300D8Z DEFENSE SCIENCE BOARD............. 2,352 2,352
184 0606301D8Z AVIATION SAFETY TECHNOLOGIES...... 213 213
186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 45,194 45,194
POLICY.
187 0606853BR MANAGEMENT, TECHNICAL & 11,919 11,919
INTERNATIONAL SUPPORT.
188 0203345D8Z DEFENSE OPERATIONS SECURITY 3,112 3,112
INITIATIVE (DOSI).
189 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,916 4,916
190 0208045K C4I INTEROPERABILITY.............. 66,152 66,152
195 0305172K COMBINED ADVANCED APPLICATIONS.... 5,366 5,366
197 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,069 3,069
SYSTEMS.
199 0804768J COCOM EXERCISE ENGAGEMENT AND 101,319 101,319
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
200 0808709SE DEFENSE EQUAL OPPORTUNITY 740 740
MANAGEMENT INSTITUTE (DEOMI).
201 0901598C MANAGEMENT HQ--MDA................ 28,363 28,363
202 0903235K JOINT SERVICE PROVIDER (JSP)...... 5,177 5,177
9999 9999999999 CLASSIFIED PROGRAMS............... 36,315 63,315
.................................. All Domain Anomaly Resolution [27,000]
Office.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,998,717 2,020,717
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
203 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 42,482 42,482
205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 1,017,141 1,045,141
SUSTAINMENT SUPPORT.
.................................. Domestic advanced microelectronics [5,000]
packaging.
.................................. Rapid Innovation Program.......... [20,000]
.................................. Shipbuilding and ship repair [3,000]
workforce development.
206 0607310D8Z COUNTERPROLIFERATION SPECIAL 12,713 12,713
PROJECTS: OPERATIONAL SYSTEMS
DEVELOPMENT.
207 0607327T GLOBAL THEATER SECURITY 8,503 8,503
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 80,495 80,495
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0208097JCY CYBER COMMAND AND CONTROL (CYBER 95,733 95,733
C2).
210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP).. 138,558 138,558
214 0302019K DEFENSE INFO INFRASTRUCTURE 19,299 19,299
ENGINEERING AND INTEGRATION.
215 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 37,726 37,726
216 0303131K MINIMUM ESSENTIAL EMERGENCY 5,037 5,037
COMMUNICATIONS NETWORK (MEECN).
218 0303140D8Z INFORMATION SYSTEMS SECURITY 97,171 97,171
PROGRAM.
220 0303140K INFORMATION SYSTEMS SECURITY 8,351 8,351
PROGRAM.
222 0303153K DEFENSE SPECTRUM ORGANIZATION..... 35,995 35,995
223 0303171K JOINT PLANNING AND EXECUTION 5,677 5,677
SERVICES.
224 0303228K JOINT REGIONAL SECURITY STACKS 3,196 3,196
(JRSS).
228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 25,655 25,655
CYBER SECURITY INITIATIVE.
232 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 2,134 2,134
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 2,295 2,295
ACTIVITIES.
236 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 52,736 52,736
239 0305186D8Z POLICY R&D PROGRAMS............... 6,263 6,263
240 0305199D8Z NET CENTRICITY.................... 23,275 23,275
242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,214 6,214
SYSTEMS.
249 0305327V INSIDER THREAT.................... 2,971 2,971
250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,879 1,879
TRANSFER PROGRAM.
257 0306250JCY CYBER OPERATIONS TECHNOLOGY 469,385 480,385
SUPPORT.
.................................. Locked Shield Exercise............ [4,000]
.................................. Modernization of Department of [7,000]
Defense Internet Gateway Cyber
Defense.
261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST 1,760 1,760
WEAPONS OF MASS DESTRUCTION.
262 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,420 1,420
263 0708012S PACIFIC DISASTER CENTERS.......... 1,905 1,905
264 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,249 3,249
SYSTEM.
265 1105219BB MQ-9 UAV.......................... 37,188 37,188
267 1160403BB AVIATION SYSTEMS.................. 216,174 216,174
268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 86,737 86,737
269 1160408BB OPERATIONAL ENHANCEMENTS.......... 216,135 216,135
270 1160431BB WARRIOR SYSTEMS................... 263,374 280,514
.................................. Counter Uncrewed Aerial Systems [11,250]
(CUAS) Group 3 Defeat
Acceleration.
.................................. Next-Generation Blue Force Tracker [5,890]
271 1160432BB SPECIAL PROGRAMS.................. 529 529
272 1160434BB UNMANNED ISR...................... 6,727 6,727
273 1160480BB SOF TACTICAL VEHICLES............. 9,335 9,335
274 1160483BB MARITIME SYSTEMS.................. 158,231 158,231
275 1160490BB OPERATIONAL ENHANCEMENTS 15,749 15,749
INTELLIGENCE.
9999 9999999999 CLASSIFIED PROGRAMS............... 8,463,742 8,463,742
.................................. SUBTOTAL OPERATIONAL SYSTEMS 11,683,139 11,739,279
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 21,355 21,355
PILOT PROGRAM.
279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 33,166 33,166
9999 9999999999 CLASSIFIED PROGRAMS............... 270,653 270,653
.................................. SUBTOTAL SOFTWARE AND DIGITAL 325,174 325,174
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 36,185,834 36,446,974
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
1 0605118OTE OPERATIONAL TEST AND EVALUATION... 169,544 169,544
2 0605131OTE LIVE FIRE TEST AND EVALUATION..... 103,252 103,252
3 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,693 58,693
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 331,489 331,489
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 331,489 331,489
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 144,979,625 146,140,912
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2024 Senate
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS....................................................... 3,943,409 3,943,409
020 MODULAR SUPPORT BRIGADES............................................. 225,238 225,238
030 ECHELONS ABOVE BRIGADE............................................... 947,395 947,395
040 THEATER LEVEL ASSETS................................................. 2,449,141 2,449,141
050 LAND FORCES OPERATIONS SUPPORT....................................... 1,233,070 1,233,070
060 AVIATION ASSETS...................................................... 2,046,144 2,046,144
070 FORCE READINESS OPERATIONS SUPPORT................................... 7,149,427 7,149,427
080 LAND FORCES SYSTEMS READINESS........................................ 475,435 475,435
090 LAND FORCES DEPOT MAINTENANCE........................................ 1,423,560 1,423,560
100 MEDICAL READINESS.................................................... 951,499 951,499
110 BASE OPERATIONS SUPPORT.............................................. 9,943,031 9,943,031
120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 5,381,757 5,381,757
130 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 313,612 313,612
140 ADDITIONAL ACTIVITIES................................................ 454,565 454,565
150 RESET................................................................ 447,987 447,987
160 US AFRICA COMMAND.................................................... 414,680 414,680
170 US EUROPEAN COMMAND.................................................. 408,529 408,529
180 US SOUTHERN COMMAND.................................................. 285,692 285,692
190 US FORCES KOREA...................................................... 88,463 88,463
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 507,845 507,845
210 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 704,667 704,667
SUBTOTAL OPERATING FORCES............................................ 39,795,146 39,795,146
MOBILIZATION
230 STRATEGIC MOBILITY................................................... 470,143 470,143
240 ARMY PREPOSITIONED STOCKS............................................ 433,909 433,909
250 INDUSTRIAL PREPAREDNESS.............................................. 4,244 4,244
SUBTOTAL MOBILIZATION................................................ 908,296 908,296
TRAINING AND RECRUITING
260 OFFICER ACQUISITION.................................................. 178,428 178,428
270 RECRUIT TRAINING..................................................... 78,235 78,235
280 ONE STATION UNIT TRAINING............................................ 114,777 114,777
290 SENIOR RESERVE OFFICERS TRAINING CORPS............................... 551,462 551,462
300 SPECIALIZED SKILL TRAINING........................................... 1,147,431 1,147,431
310 FLIGHT TRAINING...................................................... 1,398,415 1,398,415
320 PROFESSIONAL DEVELOPMENT EDUCATION................................... 200,779 200,779
330 TRAINING SUPPORT..................................................... 682,896 682,896
340 RECRUITING AND ADVERTISING........................................... 690,280 833,336
Army Enlisted Training Corps......................................... [5,000]
Recruiting and advertising increase.................................. [138,056]
350 EXAMINING............................................................ 195,009 195,009
360 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 260,235 260,235
370 CIVILIAN EDUCATION AND TRAINING...................................... 250,252 250,252
380 JUNIOR RESERVE OFFICER TRAINING CORPS................................ 204,895 204,895
SUBTOTAL TRAINING AND RECRUITING..................................... 5,953,094 6,096,150
ADMIN & SRVWIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION........................................... 718,323 718,323
410 CENTRAL SUPPLY ACTIVITIES............................................ 900,624 900,624
420 LOGISTIC SUPPORT ACTIVITIES.......................................... 828,059 828,059
430 AMMUNITION MANAGEMENT................................................ 464,029 464,029
440 ADMINISTRATION....................................................... 537,837 537,837
450 SERVICEWIDE COMMUNICATIONS........................................... 1,962,059 1,962,059
460 MANPOWER MANAGEMENT.................................................. 361,553 361,553
470 OTHER PERSONNEL SUPPORT.............................................. 829,248 829,248
480 OTHER SERVICE SUPPORT................................................ 2,370,107 2,370,107
490 ARMY CLAIMS ACTIVITIES............................................... 203,323 203,323
500 REAL ESTATE MANAGEMENT............................................... 286,682 286,682
510 FINANCIAL MANAGEMENT AND AUDIT READINESS............................. 455,928 455,928
520 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT........................ 39,867 39,867
530 INTERNATIONAL MILITARY HEADQUARTERS.................................. 610,201 610,201
540 MISC. SUPPORT OF OTHER NATIONS....................................... 38,948 38,948
999 CLASSIFIED PROGRAMS.................................................. 2,291,229 2,291,229
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 12,898,017 12,898,017
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -337,600
Foreign currency fluctuations........................................ [-208,000]
Unobligated balances................................................. [-129,600]
SUBTOTAL UNDISTRIBUTED............................................... 0 -337,600
TOTAL OPERATION & MAINTENANCE, ARMY.................................. 59,554,553 59,360,009
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES............................................. 15,208 15,208
020 ECHELONS ABOVE BRIGADE............................................... 720,802 720,802
030 THEATER LEVEL ASSETS................................................. 143,400 143,400
040 LAND FORCES OPERATIONS SUPPORT....................................... 707,654 707,654
050 AVIATION ASSETS...................................................... 134,346 134,346
060 FORCE READINESS OPERATIONS SUPPORT................................... 451,178 451,178
070 LAND FORCES SYSTEMS READINESS........................................ 97,564 97,564
080 LAND FORCES DEPOT MAINTENANCE........................................ 45,711 45,711
090 BASE OPERATIONS SUPPORT.............................................. 608,079 608,079
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 495,435 495,435
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 28,783 28,783
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 3,153 3,153
130 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 19,591 19,591
SUBTOTAL OPERATING FORCES............................................ 3,470,904 3,470,904
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................... 19,155 19,155
150 ADMINISTRATION....................................................... 21,668 21,668
160 SERVICEWIDE COMMUNICATIONS........................................... 44,118 44,118
170 MANPOWER MANAGEMENT.................................................. 7,127 7,127
180 RECRUITING AND ADVERTISING........................................... 67,976 74,651
Recruiting and advertising increase.................................. [6,675]
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 160,044 166,719
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -14,300
Foreign currency fluctuations........................................ [-10,900]
Unobligated balances................................................. [-3,400]
SUBTOTAL UNDISTRIBUTED............................................... 0 -14,300
TOTAL OPERATION & MAINTENANCE, ARMY RES.............................. 3,630,948 3,623,323
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS....................................................... 925,071 925,071
020 MODULAR SUPPORT BRIGADES............................................. 201,781 201,781
030 ECHELONS ABOVE BRIGADE............................................... 840,373 840,373
040 THEATER LEVEL ASSETS................................................. 107,392 107,392
050 LAND FORCES OPERATIONS SUPPORT....................................... 62,908 62,908
060 AVIATION ASSETS...................................................... 1,113,908 1,113,908
070 FORCE READINESS OPERATIONS SUPPORT................................... 832,946 832,946
080 LAND FORCES SYSTEMS READINESS........................................ 50,696 50,696
090 LAND FORCES DEPOT MAINTENANCE........................................ 231,784 231,784
100 BASE OPERATIONS SUPPORT.............................................. 1,249,066 1,249,066
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 1,081,561 1,081,561
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS.............................. 1,468,857 1,468,857
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS......................... 9,566 9,566
140 CYBERSPACE ACTIVITIES--CYBERSECURITY................................. 15,710 15,710
SUBTOTAL OPERATING FORCES............................................ 8,191,619 8,191,619
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................... 7,251 7,251
160 ADMINISTRATION....................................................... 66,025 66,025
170 SERVICEWIDE COMMUNICATIONS........................................... 113,366 113,366
180 MANPOWER MANAGEMENT.................................................. 8,663 8,663
190 OTHER PERSONNEL SUPPORT.............................................. 292,426 343,146
Recruiting and advertising increase.................................. [50,720]
200 REAL ESTATE MANAGEMENT............................................... 3,754 3,754
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 491,485 542,205
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -52,400
Foreign currency fluctuations........................................ [-29,000]
Unobligated balances................................................. [-23,400]
SUBTOTAL UNDISTRIBUTED............................................... 0 -52,400
TOTAL OPERATION & MAINTENANCE, ARNG.................................. 8,683,104 8,681,424
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ................................................................. 241,950 241,950
020 SYRIA................................................................ 156,000 156,000
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF).................... 397,950 397,950
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)....................... 397,950 397,950
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 7,882,504 7,882,504
020 FLEET AIR TRAINING................................................... 2,773,957 2,773,957
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES....................... 73,047 73,047
040 AIR OPERATIONS AND SAFETY SUPPORT.................................... 213,862 213,862
050 AIR SYSTEMS SUPPORT.................................................. 1,155,463 1,158,463
Advanced nucleated foam engine performance and restoration program... [3,000]
060 AIRCRAFT DEPOT MAINTENANCE........................................... 1,857,021 1,857,021
070 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 66,822 66,822
080 AVIATION LOGISTICS................................................... 1,871,670 1,871,670
090 MISSION AND OTHER SHIP OPERATIONS.................................... 7,015,796 7,015,796
100 SHIP OPERATIONS SUPPORT & TRAINING................................... 1,301,108 1,301,108
110 SHIP DEPOT MAINTENANCE............................................... 11,164,249 11,164,249
120 SHIP DEPOT OPERATIONS SUPPORT........................................ 2,728,712 2,728,712
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE......................... 1,776,881 1,776,881
140 SPACE SYSTEMS AND SURVEILLANCE....................................... 389,915 389,915
150 WARFARE TACTICS...................................................... 1,005,998 1,005,998
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY............................. 455,330 455,330
170 COMBAT SUPPORT FORCES................................................ 2,350,089 2,356,089
Naval Small Craft Instruction and Technical Training School.......... [6,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................... 189,044 189,044
200 COMBATANT COMMANDERS CORE OPERATIONS................................. 92,504 92,504
210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT.......................... 352,980 352,980
230 CYBERSPACE ACTIVITIES................................................ 522,180 522,180
240 FLEET BALLISTIC MISSILE.............................................. 1,763,238 1,763,238
250 WEAPONS MAINTENANCE.................................................. 1,640,642 1,640,642
260 OTHER WEAPON SYSTEMS SUPPORT......................................... 696,653 696,653
270 ENTERPRISE INFORMATION............................................... 1,780,645 1,780,645
280 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 4,406,192 4,406,192
290 BASE OPERATING SUPPORT............................................... 6,223,827 6,271,827
Navy divestment of electrical utility operations at former Naval Air [48,000]
Station Barbers Point...............................................
SUBTOTAL OPERATING FORCES............................................ 61,750,329 61,807,329
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE........................................ 475,255 475,255
310 READY RESERVE FORCE.................................................. 701,060 701,060
320 SHIP ACTIVATIONS/INACTIVATIONS....................................... 302,930 302,930
330 EXPEDITIONARY HEALTH SERVICES SYSTEMS................................ 151,966 151,966
340 COAST GUARD SUPPORT.................................................. 21,464 21,464
SUBTOTAL MOBILIZATION................................................ 1,652,675 1,652,675
TRAINING AND RECRUITING
350 OFFICER ACQUISITION.................................................. 201,555 201,555
360 RECRUIT TRAINING..................................................... 16,521 16,521
370 RESERVE OFFICERS TRAINING CORPS...................................... 175,171 175,171
380 SPECIALIZED SKILL TRAINING........................................... 1,238,894 1,238,894
390 PROFESSIONAL DEVELOPMENT EDUCATION................................... 335,603 335,603
400 TRAINING SUPPORT..................................................... 390,931 390,931
410 RECRUITING AND ADVERTISING........................................... 269,483 355,328
Navy Enlisted Training Corps......................................... [5,000]
Recruiting and advertising increase.................................. [80,845]
420 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 90,452 90,452
430 CIVILIAN EDUCATION AND TRAINING...................................... 73,406 73,406
440 JUNIOR ROTC.......................................................... 58,970 58,970
SUBTOTAL TRAINING AND RECRUITING..................................... 2,850,986 2,936,831
ADMIN & SRVWD ACTIVITIES
450 ADMINISTRATION....................................................... 1,350,449 1,350,449
460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................... 242,760 242,760
470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 745,666 745,666
490 MEDICAL ACTIVITIES................................................... 323,978 323,978
500 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT........................ 67,357 67,357
510 SERVICEWIDE TRANSPORTATION........................................... 248,822 248,822
530 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................... 616,816 616,816
540 ACQUISITION, LOGISTICS, AND OVERSIGHT................................ 850,906 850,906
550 INVESTIGATIVE AND SECURITY SERVICES.................................. 888,508 888,508
999 CLASSIFIED PROGRAMS.................................................. 655,281 655,281
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 5,990,543 5,990,543
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -498,400
Foreign currency fluctuations........................................ [-236,300]
Unobligated balances................................................. [-262,100]
SUBTOTAL UNDISTRIBUTED............................................... 0 -498,400
TOTAL OPERATION & MAINTENANCE, NAVY.................................. 72,244,533 71,888,978
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................... 1,799,964 1,799,964
020 FIELD LOGISTICS...................................................... 1,878,228 1,878,228
030 DEPOT MAINTENANCE.................................................... 211,460 211,460
040 MARITIME PREPOSITIONING.............................................. 137,831 137,831
060 CYBERSPACE ACTIVITIES................................................ 205,449 205,449
070 SUSTAINMENT, RESTORATION & MODERNIZATION............................. 1,211,183 1,211,183
080 BASE OPERATING SUPPORT............................................... 3,124,551 3,124,551
SUBTOTAL OPERATING FORCES............................................ 8,568,666 8,568,666
TRAINING AND RECRUITING
090 RECRUIT TRAINING..................................................... 26,284 26,284
100 OFFICER ACQUISITION.................................................. 1,316 1,316
110 SPECIALIZED SKILL TRAINING........................................... 133,176 133,176
120 PROFESSIONAL DEVELOPMENT EDUCATION................................... 66,213 66,213
130 TRAINING SUPPORT..................................................... 570,152 570,152
140 RECRUITING AND ADVERTISING........................................... 246,586 300,903
Marine Corps Enlisted Training Corps................................. [5,000]
Recruiting and advertising increase.................................. [49,317]
150 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 55,230 55,230
160 JUNIOR ROTC.......................................................... 29,616 29,616
SUBTOTAL TRAINING AND RECRUITING..................................... 1,128,573 1,182,890
ADMIN & SRVWD ACTIVITIES
180 SERVICEWIDE TRANSPORTATION........................................... 90,366 90,366
190 ADMINISTRATION....................................................... 428,650 428,650
999 CLASSIFIED PROGRAMS.................................................. 65,658 65,658
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 584,674 584,674
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -108,900
Foreign currency fluctuations........................................ [-33,800]
Unobligated balances................................................. [-75,100]
SUBTOTAL UNDISTRIBUTED............................................... 0 -108,900
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.......................... 10,281,913 10,227,330
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS.................................. 731,113 731,113
020 INTERMEDIATE MAINTENANCE............................................. 10,122 10,122
030 AIRCRAFT DEPOT MAINTENANCE........................................... 167,811 167,811
040 AIRCRAFT DEPOT OPERATIONS SUPPORT.................................... 103 103
050 AVIATION LOGISTICS................................................... 29,185 29,185
060 COMBAT COMMUNICATIONS................................................ 20,806 20,806
070 COMBAT SUPPORT FORCES................................................ 186,590 186,590
080 CYBERSPACE ACTIVITIES................................................ 296 296
090 ENTERPRISE INFORMATION............................................... 32,467 32,467
100 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 63,726 63,726
110 BASE OPERATING SUPPORT............................................... 121,064 121,064
SUBTOTAL OPERATING FORCES............................................ 1,363,283 1,363,283
ADMIN & SRVWD ACTIVITIES
120 ADMINISTRATION....................................................... 2,025 2,025
130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................... 13,401 13,401
140 ACQUISITION AND PROGRAM MANAGEMENT................................... 2,101 2,101
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 17,527 17,527
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -8,100
Foreign currency fluctuations........................................ [-3,900]
Unobligated balances................................................. [-4,200]
SUBTOTAL UNDISTRIBUTED............................................... 0 -8,100
TOTAL OPERATION & MAINTENANCE, NAVY RES.............................. 1,380,810 1,372,710
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES..................................................... 128,468 128,468
020 DEPOT MAINTENANCE.................................................... 20,967 20,967
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................... 46,589 46,589
040 BASE OPERATING SUPPORT............................................... 120,808 120,808
SUBTOTAL OPERATING FORCES............................................ 316,832 316,832
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION....................................................... 12,563 12,563
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 12,563 12,563
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -4,900
Foreign currency fluctuations........................................ [-3,900]
Unobligated balances................................................. [-1,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 -4,900
TOTAL OPERATION & MAINTENANCE, MC RESERVE............................ 329,395 324,495
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 980,768 966,068
DAF requested realignment of funds................................... [-14,700]
020 COMBAT ENHANCEMENT FORCES............................................ 2,665,924 2,665,924
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)....................... 1,630,552 1,630,552
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 4,632,693 4,632,693
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 4,252,815 4,194,663
DAF requested realignment of funds................................... [-58,152]
060 CYBERSPACE SUSTAINMENT............................................... 229,440 229,440
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 9,537,192 9,537,192
080 FLYING HOUR PROGRAM.................................................. 6,697,549 6,697,549
090 BASE SUPPORT......................................................... 11,633,510 11,425,018
DAF requested realignment of funds................................... [-223,192]
DAF requested realignment of funds from SAG 11A...................... [14,700]
100 GLOBAL C3I AND EARLY WARNING......................................... 1,350,827 1,319,876
DAF requested realignment of funds................................... [-30,951]
110 OTHER COMBAT OPS SPT PROGRAMS........................................ 1,817,941 1,817,941
120 CYBERSPACE ACTIVITIES................................................ 807,966 807,966
130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES.......................... 267,615 267,615
160 US NORTHCOM/NORAD.................................................... 245,263 245,263
170 US STRATCOM.......................................................... 541,720 541,720
190 US CENTCOM........................................................... 335,220 329,220
Office of Security Cooperation-Iraq reduction........................ [-6,000]
200 US SOCOM............................................................. 27,511 27,511
210 US TRANSCOM.......................................................... 607 607
220 CENTCOM CYBERSPACE SUSTAINMENT....................................... 1,415 1,415
230 USSPACECOM........................................................... 373,989 373,989
240 MEDICAL READINESS.................................................... 564,880 562,596
DAF requested realignment of funds................................... [-2,284]
999 CLASSIFIED PROGRAMS.................................................. 1,465,926 1,465,926
SUBTOTAL OPERATING FORCES............................................ 51,527,249 51,206,670
MOBILIZATION
260 AIRLIFT OPERATIONS................................................... 3,012,287 3,012,287
270 MOBILIZATION PREPAREDNESS............................................ 241,918 241,918
SUBTOTAL MOBILIZATION................................................ 3,254,205 3,254,205
TRAINING AND RECRUITING
280 OFFICER ACQUISITION.................................................. 202,769 202,769
290 RECRUIT TRAINING..................................................... 28,892 28,892
300 RESERVE OFFICERS TRAINING CORPS (ROTC)............................... 137,647 137,647
310 SPECIALIZED SKILL TRAINING........................................... 588,131 588,131
320 FLIGHT TRAINING...................................................... 875,230 875,230
330 PROFESSIONAL DEVELOPMENT EDUCATION................................... 301,262 301,262
340 TRAINING SUPPORT..................................................... 194,609 194,609
350 RECRUITING AND ADVERTISING........................................... 204,318 250,182
Air Force Enlisted Training Corps.................................... [5,000]
Recruiting and advertising increase.................................. [40,864]
360 EXAMINING............................................................ 7,775 7,775
370 OFF-DUTY AND VOLUNTARY EDUCATION..................................... 263,421 263,421
380 CIVILIAN EDUCATION AND TRAINING...................................... 343,039 343,039
390 JUNIOR ROTC.......................................................... 75,666 75,666
SUBTOTAL TRAINING AND RECRUITING..................................... 3,222,759 3,268,623
ADMIN & SRVWD ACTIVITIES
400 LOGISTICS OPERATIONS................................................. 1,062,199 1,062,199
410 TECHNICAL SUPPORT ACTIVITIES......................................... 162,919 162,919
420 ADMINISTRATION....................................................... 1,409,015 1,409,015
430 SERVICEWIDE COMMUNICATIONS........................................... 30,268 30,268
440 OTHER SERVICEWIDE ACTIVITIES......................................... 1,851,856 1,856,376
DAF requested realignment of funds................................... [4,520]
450 CIVIL AIR PATROL..................................................... 30,901 30,901
460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT........................ 42,759 42,759
480 INTERNATIONAL SUPPORT................................................ 115,267 115,267
999 CLASSIFIED PROGRAMS.................................................. 1,506,624 1,506,624
SUBTOTAL ADMIN & SRVWD ACTIVITIES.................................... 7,718,432 7,722,952
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -442,200
Foreign currency fluctuations........................................ [-208,500]
Unobligated balances................................................. [-233,700]
SUBTOTAL UNDISTRIBUTED............................................... 0 -442,200
TOTAL OPERATION & MAINTENANCE, AIR FORCE............................. 65,722,645 65,010,250
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING........................................... 642,201 642,201
020 SPACE LAUNCH OPERATIONS.............................................. 356,162 356,162
030 SPACE OPERATIONS..................................................... 866,547 866,547
040 EDUCATION & TRAINING................................................. 199,181 217,353
DAF requested realignment of funds................................... [18,172]
050 SPECIAL PROGRAMS..................................................... 383,233 383,233
060 DEPOT MAINTENANCE.................................................... 67,757 67,757
070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 678,648 678,648
080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT.............................. 1,380,350 1,380,350
090 SPACE OPERATIONS -BOS................................................ 188,760 188,760
999 CLASSIFIED PROGRAMS.................................................. 71,475 71,475
SUBTOTAL OPERATING FORCES............................................ 4,834,314 4,852,486
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
100 LOGISTICS OPERATIONS................................................. 34,046 34,046
110 ADMINISTRATION....................................................... 149,108 130,936
DAF requested realignment of funds................................... [-18,172]
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES.................. 183,154 164,982
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -87,100
Foreign currency fluctuations........................................ [-14,100]
Unobligated balances................................................. [-73,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 -87,100
TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................... 5,017,468 4,930,368
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES................................................ 2,088,949 2,116,429
Military technician (dual status) end strength....................... [27,480]
020 MISSION SUPPORT OPERATIONS........................................... 198,213 198,213
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 647,758 647,758
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 122,314 122,314
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 374,442 374,442
060 BASE SUPPORT......................................................... 543,962 543,962
070 CYBERSPACE ACTIVITIES................................................ 1,742 1,742
SUBTOTAL OPERATING FORCES............................................ 3,977,380 4,004,860
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION....................................................... 107,281 107,281
090 RECRUITING AND ADVERTISING........................................... 9,373 11,248
Recruiting and advertising increase.................................. [1,875]
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................... 15,563 15,563
110 OTHER PERS SUPPORT (DISABILITY COMP)................................. 6,174 6,174
120 AUDIOVISUAL.......................................................... 485 485
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................... 138,876 140,751
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -46,700
Foreign currency fluctuations........................................ [-12,500]
Unobligated balances................................................. [-34,200]
SUBTOTAL UNDISTRIBUTED............................................... 0 -46,700
TOTAL OPERATION & MAINTENANCE, AF RESERVE............................ 4,116,256 4,098,911
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS.................................................. 2,498,675 2,498,675
020 MISSION SUPPORT OPERATIONS........................................... 656,714 796,394
Military technician (dual status) end strength....................... [139,680]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE................................. 1,171,901 1,171,901
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION.................. 370,188 370,188
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT...................... 1,280,003 1,280,003
060 BASE SUPPORT......................................................... 1,089,579 1,089,579
070 CYBERSPACE SUSTAINMENT............................................... 19,708 19,708
080 CYBERSPACE ACTIVITIES................................................ 49,476 49,476
SUBTOTAL OPERATING FORCES............................................ 7,136,244 7,275,924
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION....................................................... 68,417 68,417
100 RECRUITING AND ADVERTISING........................................... 49,033 72,433
Recruiting and advertising increase.................................. [23,400]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES.................. 117,450 140,850
UNDISTRIBUTED
998 UNDISTRIBUTED........................................................ 0 -46,200
Foreign currency fluctuations........................................ [-24,300]
Unobligated balances................................................. [-21,900]
SUBTOTAL UNDISTRIBUTED............................................... 0 -46,200
TOTAL OPERATION & MAINTENANCE, ANG................................... 7,253,694 7,370,574
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF................................................ 461,370 457,770
Unobligated balances................................................. [-3,600]
020 JOINT CHIEFS OF STAFF--JTEEP......................................... 701,081 701,081
030 JOINT CHIEFS OF STAFF--CYBER......................................... 8,210 8,210
040 OFFICE OF THE SECRETARY OF DEFENSE--MISO............................. 252,480 252,480
060 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES............. 2,012,953 2,012,953
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................... 1,210,930 1,206,930
MQ-9 Unmanned Aerial Vehicle unjustified increase.................... [-4,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS....... 202,574 202,574
090 SPECIAL OPERATIONS COMMAND THEATER FORCES............................ 3,346,004 3,351,004
Special Operations Forces cyber training............................. [5,000]
100 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES..................... 49,757 49,757
110 SPECIAL OPERATIONS COMMAND INTELLIGENCE.............................. 1,391,402 1,391,402
120 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT....................... 1,438,967 1,438,967
130 CYBERSPACE OPERATIONS................................................ 1,318,614 1,328,614
Modernization of Department of Defense Internet Gateway Cyber Defense [10,000]
140 USCYBERCOM HEADQUARTERS.............................................. 332,690 332,690
SUBTOTAL OPERATING FORCES............................................ 12,727,032 12,734,432
TRAINING AND RECRUITING
150 DEFENSE ACQUISITION UNIVERSITY....................................... 183,342 183,342
160 JOINT CHIEFS OF STAFF................................................ 118,172 118,172
170 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION........ 33,855 33,855
SUBTOTAL TRAINING AND RECRUITING..................................... 335,369 335,369
ADMIN & SRVWIDE ACTIVITIES
180 CIVIL MILITARY PROGRAMS.............................................. 142,240 139,740
Unobligated balances................................................. [-2,500]
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER................................. 4,870 4,870
200 DEFENSE CONTRACT AUDIT AGENCY........................................ 667,943 665,243
Unobligated balances................................................. [-2,700]
210 DEFENSE CONTRACT MANAGEMENT AGENCY................................... 1,567,119 1,551,619
Unobligated balances................................................. [-15,500]
220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER............................ 30,279 20,279
Cybersecurity Maturity Model Certification program reduction......... [-10,000]
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY...................... 1,062,123 1,062,123
250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............... 9,835 9,835
260 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER.............................. 27,517 27,517
270 DEFENSE HUMAN RESOURCES ACTIVITY..................................... 1,033,789 1,033,789
300 DEFENSE INFORMATION SYSTEMS AGENCY................................... 2,567,698 2,557,798
Unobligated balances................................................. [-9,900]
310 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER............................ 526,893 526,893
320 DEFENSE LEGAL SERVICES AGENCY........................................ 241,779 219,379
Unobligated balances................................................. [-22,400]
330 DEFENSE LOGISTICS AGENCY............................................. 446,731 446,731
340 DEFENSE MEDIA ACTIVITY............................................... 246,840 246,840
360 DEFENSE POW/MIA OFFICE............................................... 195,959 195,959
370 DEFENSE SECURITY COOPERATION AGENCY.................................. 2,379,100 2,389,100
Irregular Warfare Functional Center.................................. [10,000]
380 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................... 41,722 41,722
390 DEFENSE THREAT REDUCTION AGENCY...................................... 984,272 984,272
410 DEFENSE THREAT REDUCTION AGENCY--CYBER............................... 70,548 70,548
420 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY............................. 3,451,625 3,531,625
Impact Aid........................................................... [50,000]
Impact Aid for children with severe disabilities..................... [30,000]
430 MISSILE DEFENSE AGENCY............................................... 564,078 564,078
440 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION.................... 118,216 138,216
Defense Manufacturing Community Support Program...................... [20,000]
480 OFFICE OF THE SECRETARY OF DEFENSE--CYBER............................ 92,176 92,176
490 OFFICE OF THE SECRETARY OF DEFENSE................................... 2,676,416 2,718,116
Bien Hoa dioxin cleanup.............................................. [15,000]
Centers for Disease Control and Prevention Nation-wide human health [5,000]
assessment..........................................................
Readiness and Environmental Protection Integration program........... [20,200]
United States Telecommunications Training Institute.................. [1,500]
530 WASHINGTON HEADQUARTERS SERVICES..................................... 440,947 440,947
999 CLASSIFIED PROGRAMS.................................................. 20,114,447 20,114,447
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES.................................. 39,705,162 39,793,862
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE........................ 52,767,563 52,863,663
UNDISTRIBUTED
OPERATION & MAINTENANCE, DEFENSE-WIDE
997 UNDISTRIBUTED........................................................ 0 -51,000
Program reduction--USSOCOM........................................... [-51,000]
998 UNDISTRIBUTED........................................................ 0 -15,000
Unobligated balances................................................. [-15,000]
SUBTOTAL UNDISTRIBUTED............................................... 0 -66,000
TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE.......................... 0 -66,000
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE ARMED FORCES, DEF
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE.................... 16,620 16,620
SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF............... 16,620 16,620
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 16,620 16,620
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID........................ 114,900 114,900
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.............. 114,900 114,900
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 114,900 114,900
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION ACCOUNT
010 COOPERATIVE THREAT REDUCTION......................................... 350,999 350,999
SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT........................ 350,999 350,999
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 350,999 350,999
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD................................................. 54,977 54,977
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT........................... 54,977 54,977
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 54,977 54,977
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, ARMY
050 ENVIRONMENTAL RESTORATION, ARMY...................................... 198,760 198,760
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 198,760 198,760
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 198,760 198,760
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, NAVY
060 ENVIRONMENTAL RESTORATION, NAVY...................................... 335,240 335,240
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,240 335,240
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 335,240 335,240
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE................................. 349,744 349,744
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 349,744 349,744
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 349,744 349,744
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, DEFENSE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................... 8,965 8,965
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE.......................... 8,965 8,965
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 8,965 8,965
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES........................ 232,806 232,806
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 232,806 232,806
TOTAL MISCELLANEOUS APPROPRIATIONS................................... 232,806 232,806
TOTAL OPERATION & MAINTENANCE........................................ 293,043,843 291,746,996
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 168,320,510 166,779,670
Air Force end strength underexecution. [-564,000]
Air National Guard AGR end strength [-45,600]
underexecution.......................
Air National Reserve AGR end strength [-8,040]
underexecution.......................
Navy end strength underexecution...... [-600,000]
Unobligated balances.................. [-323,200]
SUBTOTAL MILITARY PERSONNEL 168,320,510 166,779,670
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH CARE 10,553,456 10,553,456
FUND CONTRIBUTIONS...................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 10,553,456 10,553,456
HEALTH CARE FUND CONTRIBUTIONS.......
TOTAL MILITARY PERSONNEL.............. 178,873,966 177,333,126
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
010 INDUSTRIAL OPERATIONS.......... 27,551 27,551
020 SUPPLY MANAGEMENT--ARMY........ 1,662 1,662
SUBTOTAL WORKING CAPITAL FUND, 29,213 29,213
ARMY..........................
WORKING CAPITAL FUND, AIR FORCE
020 SUPPLIES AND MATERIALS......... 83,587 83,587
SUBTOTAL WORKING CAPITAL FUND, 83,587 83,587
AIR FORCE.....................
NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND
010 DEFENSE STOCKPILE.............. 7,629 7,629
SUBTOTAL NATIONAL DEFENSE 7,629 7,629
STOCKPILE TRANSACTION FUND....
WORKING CAPITAL FUND, DEFENSE-
WIDE
010 DEFENSE AUTOMATION & PRODUCTION 4 4
SERVICES......................
040 ENERGY MANAGEMENT--DEF......... 114,663 114,663
SUBTOTAL WORKING CAPITAL FUND, 114,667 114,667
DEFENSE-WIDE..................
WORKING CAPITAL FUND, DECA
010 WORKING CAPITAL FUND, DECA..... 1,447,612 1,447,612
SUBTOTAL WORKING CAPITAL FUND, 1,447,612 1,447,612
DECA..........................
TOTAL WORKING CAPITAL FUND..... 1,682,708 1,682,708
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE
1 CHEM DEMILITARIZATION--O&M..... 89,284 89,284
SUBTOTAL OPERATION & 89,284 89,284
MAINTENANCE...................
RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION
2 CHEM DEMILITARIZATION--RDT&E... 1,002,560 1,002,560
SUBTOTAL RESEARCH, DEVELOPMENT, 1,002,560 1,002,560
TEST, AND EVALUATION..........
TOTAL CHEM AGENTS & MUNITIONS 1,091,844 1,091,844
DESTRUCTION...................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTRDCTN
010 COUNTER-NARCOTICS SUPPORT...... 643,848 643,848
SUBTOTAL DRUG INTRDCTN......... 643,848 643,848
DRUG DEMAND REDUCTION PROGRAM
020 DRUG DEMAND REDUCTION PROGRAM.. 134,313 134,313
SUBTOTAL DRUG DEMAND REDUCTION 134,313 134,313
PROGRAM.......................
NATIONAL GUARD COUNTER-DRUG
PROGRAM
030 NATIONAL GUARD COUNTER-DRUG 102,272 102,272
PROGRAM.......................
SUBTOTAL NATIONAL GUARD COUNTER- 102,272 102,272
DRUG PROGRAM..................
NATIONAL GUARD COUNTER-DRUG
SCHOOLS
040 NATIONAL GUARD COUNTER-DRUG 5,993 5,993
SCHOOLS.......................
SUBTOTAL NATIONAL GUARD COUNTER- 5,993 5,993
DRUG SCHOOLS..................
TOTAL DRUG INTERDICTION & CTR- 886,426 886,426
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OPERATION AND MAINTENANCE...... 518,919 518,919
020 OPERATION AND MAINTENANCE...... 1,948 1,948
030 RDT&E.......................... 3,400 3,400
040 PROCUREMENT.................... 1,098 1,098
SUBTOTAL OFFICE OF THE 520,867 520,867
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 3,400 3,400
INSPECTOR GENERAL.............
SUBTOTAL OFFICE OF THE 1,098 1,098
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 525,365 525,365
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 10,044,342 10,044,342
020 PRIVATE SECTOR CARE............ 19,893,028 19,893,028
030 CONSOLIDATED HEALTH SUPPORT.... 2,007,012 2,007,012
040 INFORMATION MANAGEMENT......... 2,327,816 2,327,816
050 MANAGEMENT ACTIVITIES.......... 347,446 347,446
060 EDUCATION AND TRAINING......... 336,111 336,111
070 BASE OPERATIONS/COMMUNICATIONS. 2,144,551 2,144,551
SUBTOTAL OPERATION & 37,100,306 37,100,306
MAINTENANCE...................
RDT&E
080 R&D RESEARCH................... 40,311 40,311
090 R&D EXPLORATRY DEVELOPMENT..... 178,892 178,892
100 R&D ADVANCED DEVELOPMENT....... 327,040 327,040
110 R&D DEMONSTRATION/VALIDATION... 172,351 172,351
120 R&D ENGINEERING DEVELOPMENT.... 107,753 107,753
130 R&D MANAGEMENT AND SUPPORT..... 87,096 87,096
140 R&D CAPABILITIES ENHANCEMENT... 18,330 18,330
SUBTOTAL RDT&E................. 931,773 931,773
PROCUREMENT
150 PROC INITIAL OUTFITTING........ 22,344 22,344
160 PROC REPLACEMENT & 238,435 238,435
MODERNIZATION.................
170 PROC JOINT OPERATIONAL MEDICINE 29,537 29,537
INFORMATION SYSTEM............
180 PROC MILITARY HEALTH SYSTEM-- 74,055 74,055
DESKTOP TO DATACENTER.........
190 PROC DOD HEALTHCARE MANAGEMENT 17,510 17,510
SYSTEM MODERNIZATION..........
SUBTOTAL PROCUREMENT........... 381,881 381,881
TOTAL DEFENSE HEALTH PROGRAM... 38,413,960 38,413,960
TOTAL OTHER AUTHORIZATIONS..... 42,600,303 42,600,303
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2024 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Alabama ................................
Army Anniston Army Depot OPEN STORAGE (P&D) 0 270
Army Redstone Arsenal SUBSTATION 50,000 50,000
Alaska ................................
Army Fort Wainwright COST TO COMPLETE: ENLISTED 34,000 34,000
UNACCOMPANIED PERS HSG
Army Fort Wainwright SOLDER PERFORMANCE READINESS 0 7,900
CENTER (P&D)
Georgia ................................
Army Fort Eisenhower CYBER INSTRUCTIONAL FACILITY 163,000 73,000
(CLASSROOMS)
Germany ................................
Army Grafenwoehr AUTOMATED MULTIPURPOSE MACHINE 10,400 10,400
GUN RANGE
Army Hohenfels SIMULATIONS CENTER 56,000 56,000
Hawaii ................................
Army Aliamanu Military WATER STORAGE TANK 20,000 20,000
Reservation
Army Fort Shafter CLEARWELL AND BOOSTER PUMP 0 23,000
Army Helemano Military WELLS AND STORAGE TANK 0 33,000
Reservation
Army Schofield Barracks ELEVATED TANK AND DISTRIBUTION 0 21,000
LINE
Army Schofield Barracks WATER STORAGE TANK 0 16,000
Army Wheeler Army AIR TRAFFIC CONTROL TOWER (P&D) 0 5,400
Airfield
Indiana ................................
Army Crane Army EARTH COVERED MAGAZINES (P&D) 0 1,195
Ammunition Plant
Kansas ................................
Army Fort Riley AIR TRAFFIC CONTROL TOWER (P&D) 0 1,600
Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000
Kentucky ................................
Army Blue Grass Army SMALL ARMS MODERNIZATION (P&D) 0 3,300
Depot
Army Fort Campbell AIR TRAFFIC CONTROL TOWER (P&D) 0 2,500
Army Fort Campbell MULTIPURPOSE TRAINING RANGE 38,000 38,000
Army Fort Knox MIDDLE SCHOOL ADDITION (P&D) 0 6,600
Kwajalein ................................
Army Kwajalein Atoll COST TO COMPLETE: PIER 0 15,000
Louisiana ................................
Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD 0 13,400
Massachusetts ................................
Army Soldier Systems BARRACKS ADDITION 18,500 18,500
Center Natick
Michigan ................................
Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT 72,000 72,000
BUILDING
New Mexico ................................
Army White Sands Missile J-DETC DIRECTED ENERGY FACILITY 0 5,500
Range (P&D)
New York ................................
Army Watervliet Arsenal TANK FARM (P&D) 0 160
North Carolina ................................
Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 19,500
Army Fort Liberty BARRACKS 50,000 50,000
Army Fort Liberty BARRACKS (FACILITY PROTOTYPING) 85,000 85,000
Oklahoma ................................
Army McAlester Army WATER TREATMENT PLANT (P&D) 0 1,194
Ammunition Plant
Pennsylvania ................................
Army Letterkenny Army ANECHOIC CHAMBER (P&D) 0 275
Depot
Army Letterkenny Army GUIDED MISSILE MAINTENANCE 89,000 89,000
Depot BUILDING
Army Tobyhanna Army HELIPAD (P&D) 0 311
Depot
Army Tobyhanna Army RADAR MAINTENANCE SHOP (P&D) 0 259
Depot
Poland ................................
Army Various Locations PLANNING & DESIGN 0 25,710
South Carolina ................................
Army Fort Jackson COST TO COMPLETE: RECEPTION 0 66,000
BARRACKS COMPLEX, PHASE 2
Texas ................................
Army Fort Bliss RAIL YARD 74,000 74,000
Army Fort Cavazos BARRACKS (P&D) 0 20,000
Army Fort Cavazos TACTICAL EQUIPMENT MAINTENANCE 0 5,800
FACILITIES (P&D)
Army Red River Army COMPONENT REBUILD SHOP 113,000 46,400
Depot
Army Red River Army NON-DESTRUCTIVE TESTING FACILITY 0 280
Depot (P&D)
Army Red River Army STANDBY GENERATOR (P&D) 0 270
Depot
Virginia ................................
Army Fort Belvoir EQUINE TRAINING FACILITY (P&D) 0 4,000
Washington ................................
Army Joint Base Lewis- BARRACKS 100,000 100,000
McChord
Army Joint Base Lewis- VEHICLE MAINTENANCE SHOP (P&D) 0 7,500
McChord
Worldwide Unspecified ................................
Army Unspecified BARRACKS REPLACEMENT FUND 0 50,000
Worldwide
Army Unspecified HOST NATION SUPPORT 26,000 26,000
Worldwide
Locations
Army Unspecified MINOR CONSTRUCTION 76,280 76,280
Worldwide
Locations
Army Unspecified PLANNING & DESIGN 270,875 270,875
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Army 1,470,555 1,651,379
................... ................................
NAVY
Australia ................................
Navy Royal Australian PDI: AIRCRAFT PARKING APRON 134,624 134,624
Air Force Base (INC)
Darwin
California ................................
Navy Marine Corps Air COMMUNICATIONS TOWERS 42,100 42,100
Ground Combat
Center Twentynine
Palms
Navy Port Hueneme LABORATORY COMPOUND FACILITIES 110,000 15,000
IMPROVEMENTS
Connecticut ................................
Navy Naval Submarine SUBMARINE PIER 31 EXTENSION 112,518 36,718
Base New London
Navy Naval Submarine WEAPONS MAGAZINE & ORDNANCE 219,200 19,200
Base New London OPERATIONS FAC.
District of Columbia ................................
Navy Marine Barracks BACHELOR ENLISTED QUARTERS & 131,800 16,800
Washington SUPPORT FACILITY
Djibouti ................................
Navy Camp Lemonnier ELECTRICAL POWER PLANT 0 20,000
Florida ................................
Navy Naval Air Station AHTS HANGAR 0 50,000
Whiting Field
Guam ................................
Navy Andersen Air Force PDI: CHILD DEVELOPMENT CENTER 105,220 55,220
Base
Navy Andersen Air Force PDI: JOINT CONSOL. COMM. CENTER 107,000 107,000
Base (INC)
Navy Joint Region PDI: JOINT COMMUNICATION UPGRADE 292,830 31,330
Marianas (INC)
Navy Joint Region PDI: MISSILE INTEGRATION TEST 174,540 44,540
Marianas FACILITY
Navy Naval Base Guam PDI: 9TH ESB TRAINING COMPLEX 23,380 23,380
Navy Naval Base Guam PDI: ARTILLERY BATTERY 137,550 67,550
FACILITIES
Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/NCIS 19,740 19,740
PHII
Navy Naval Base Guam PDI: RECREATION CENTER 34,740 34,740
Navy Naval Base Guam PDI: RELIGIOUS MINISTRY SERVICES 46,350 46,350
FACILITY
Navy Naval Base Guam PDI: SATELLITE COMMUNICATIONS 166,159 56,159
FACILITY (INC)
Navy Naval Base Guam PDI: TRAINING CENTER 89,640 89,640
Hawaii ................................
Navy Joint Base Pearl DRY DOCK 3 REPLACEMENT (INC) 1,318,711 1,318,711
Harbor-Hickam
Navy Joint Base Pearl WATERFRONT PRODUCTION FACILITY 0 60,000
Harbor-Hickam (P&D)
Navy Marine Corps Base WATER RECLAMATION FACILITY 0 40,000
Kaneohe Bay COMPLIANCE UPGRADE
Italy ................................
Navy Naval Air Station EDI: ORDNANCE MAGAZINES 77,072 77,072
Sigonella
Maine ................................
Navy Portsmouth Naval MULTI-MISSION DRYDOCK #1 544,808 544,808
Shipyard EXTENSION (INC)
Maryland ................................
Navy Fort Meade CYBERSECURITY OPERATIONS 186,480 60,580
FACILITY
Navy Naval Air Station AIRCRAFT DEVELOPMENT AND 141,700 62,000
Patuxent River MAINTENANCE FACILITIES
North Carolina ................................
Navy Marine Corps Air 2D LAAD MAINTENANCE AND 0 50,000
Station Cherry OPERATIONS FACILITIES
Point
Navy Marine Corps Air AIRCRAFT MAINTENANCE HANGAR 19,529 19,529
Station Cherry (INC)
Point
Navy Marine Corps Air MAINTENANCE FACILITY & MARINE 125,150 40,150
Station Cherry AIR GROUP HQS
Point
Navy Marine Corps Base 10TH MARINES MAINTENANCE & 0 20,000
Camp Lejeune OPERATIONS COMPLEX
Navy Marine Corps Base CORROSION REPAIR FACILITY 0 20,000
Camp Lejeune REPLACEMENT
Pennsylvania ................................
Navy Naval Surface AI MACHINERY CONTROL DEVELOPMENT 0 88,200
Warfare Center CENTER
Philadelphia
Virginia ................................
Navy Dam Neck Annex MARITIME SURVEILLANCE SYSTEM 109,680 109,680
FACILITY
Navy Joint Expeditionary CHILD DEVELOPMENT CENTER 35,000 35,000
Base Little Creek--
Fort Story
Navy Marine Corps Base WATER TREATMENT PLANT 127,120 37,120
Quantico
Navy Naval Station CHILD DEVELOPMENT CENTER 43,600 43,600
Norfolk
Navy Naval Station MQ-25 AIRCRAFT LAYDOWN 114,495 11,495
Norfolk FACILITIES
Navy Naval Station SUBMARINE PIER 3 (INC) 99,077 99,077
Norfolk
Navy Naval Weapons WEAPONS MAGAZINES 221,920 46,920
Station Yorktown
Navy Norfolk Naval DRY DOCK SALTWATER SYSTEM FOR 81,082 81,082
Shipyard CVN-78 (INC)
Washington ................................
Navy Naval Base Kitsap ALTERNATE POWER TRANSMISSION 0 19,000
LINE
Navy Naval Base Kitsap ARMORED FIGHTING VEHICLE SUPPORT 0 31,000
FACILITY
Navy Naval Base Kitsap SHIPYARD ELECTRICAL BACKBONE 195,000 15,000
Worldwide Unspecified ................................
Navy Unspecified BARRACKS REPLACEMENT FUND 0 75,000
Worldwide
Navy Unspecified INDOPACOM PLANNING & DESIGN 0 69,000
Worldwide
Navy Unspecified SIOP (P&D) 0 50,000
Worldwide
Navy Unspecified PLANNING & DESIGN 578,942 578,942
Worldwide
Locations
Navy Unspecified PLANNING & DESIGN 21,000 21,000
Worldwide
Locations
Navy Unspecified UNSPECIFIED MINOR CONSTRUCTION 34,430 34,430
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Navy 6,022,187 4,668,487
................... ................................
AIR FORCE
Alaska ................................
Air Force Eielson Air Force CONSOLIDATED MUNITIONS COMPLEX 0 1,200
Base (P&D)
Air Force Eielson Air Force JOINT PACIFIC ALASKA RANGE 0 1,100
Base COMPLEX (JPARC) OPS FACILITY
(P&D)
Air Force Joint Base EXTEND RUNWAY 16/34 (INC 3) 107,500 107,500
Elmendorf-
Richardson
Air Force Joint Base PRECISION GUIDED MISSILE COMPLEX 0 6,100
Elmendorf- (P&D)
Richardson
Arizona ................................
Air Force Luke Air Force Base GILA BEND (P&D) 0 2,600
Australia ................................
Air Force Royal Australian PDI: SQUADRON OPERATIONS 26,000 26,000
Air Force Base FACILITY
Darwin
Air Force Royal Australian PDI: AIRCRAFT MAINTENANCE 17,500 17,500
Air Force Base SUPPORT FACILITY
Tindal
Air Force Royal Australian PDI: SQUADRON OPERATIONS 20,000 20,000
Air Force Base FACILITY
Tindal
Air Force Royal Australian PDI: BOMBER APRON 93,000 93,000
Air Force Base
Tindal
Florida ................................
Air Force MacDill Air Force KC-46A ADAL AIRCRAFT CORROSION 25,000 25,000
Base CONTROL
Air Force MacDill Air Force KC-46A ADAL AIRCRAFT MAINTENANCE 27,000 27,000
Base HANGAR
Air Force MacDill Air Force KC-46A ADAL APRON & HYDRANT 61,000 61,000
Base FUELING PITS
Air Force MacDill Air Force KC-46A ADAL FUEL SYSTEM 18,000 18,000
Base MAINTENANCE DOCK
Air Force Patrick Space Force COMMERCIAL VEHICLE INSPECTION 15,000 15,000
Base
Air Force Patrick Space Force COST TO COMPLETE: CONSOLIDATED 15,000 15,000
Base COMMUNICATIONS CENTER
Air Force Patrick Space Force FINAL DENIAL BARRIERS, SOUTH 12,000 12,000
Base GATE
Air Force Tyndall Air Force NATURAL DISASTER RECOVERY 0 252,000
Base
Georgia ................................
Air Force Robins Air Force BATTLE MANAGEMENT COMBINED 115,000 115,000
Base OPERATIONS COMPLEX
Guam ................................
Air Force Joint Region PDI: NORTH AIRCRAFT PARKING RAMP 109,000 109,000
Marianas (INC)
Japan ................................
Air Force Kadena Air Base PDI: HELO RESCUE OPS MAINTENANCE 46,000 46,000
HANGAR (INC 3)
Air Force Kadena Air Base PDI: THEATER A/C CORROSION 42,000 42,000
CONTROL CTR (INC)
Louisiana ................................
Air Force Barksdale Air Force CHILD DEVELOPMENT CENTER (P&D) 0 2,000
Base
Air Force Barksdale Air Force DORMITORY (P&D) 0 7,000
Base
Air Force Barksdale Air Force WEAPONS GENERATION FACILITY (INC 112,000 112,000
Base 3)
Mariana Islands ................................
Air Force Tinian PDI: AIRFIELD DEVELOPMENT, PHASE 26,000 26,000
1 (INC 3)
Air Force Tinian PDI: FUEL TANKS W/PIPELINE & 20,000 20,000
HYDRANT (INC 3)
Air Force Tinian PDI: PARKING APRON (INC 3) 32,000 32,000
Massachusetts ................................
Air Force Hanscom Air Force CHILD DEVELOPMENT CENTER 37,000 37,000
Base
Air Force Hanscom Air Force MIT-LINCOLN LAB (WEST LAB CSL/ 70,000 70,000
Base MIF) (INC 4)
Mississippi ................................
Air Force Columbus Air Force T-7A GROUND BASED TRAINING 30,000 30,000
Base SYSTEM FACILITY
Air Force Columbus Air Force T-7A UNIT MAINTENANCE TRAINING 9,500 9,500
Base FACILITY
Air Force Keesler Air Force AIR TRAFFIC CONTROL TOWER (P&D) 0 2,000
Base
Nebraska ................................
Air Force Offutt Air Force 55 CES MAINTENANCE/WAREHOUSE 0 4,500
Base (P&D)
Air Force Offutt Air Force BASE OPERATIONS/MOBILITY CENTER 0 5,000
Base (P&D)
Air Force Offutt Air Force LOGISTICS READINESS SQUADRON 0 3,500
Base TRANSPORTATION FACILITY (P&D)
Nevada ................................
Air Force Nellis Air Force F-35 COALITION HANGAR (P&D) 0 5,500
Base
Air Force Nellis Air Force F-35 DATA LAB SUPPORT FACILITY 0 700
Base (P&D)
New Mexico ................................
Air Force Cannon Air Force SATELLITE FIRE STATION (P&D) 0 5,000
Base
Air Force Kirtland Air Force COST TO COMPLETE: WYOMING GATE 0 24,400
Base UPGRADE FOR ANTITERRORISM
COMPLIANCE
Norway ................................
Air Force Rygge Air Station EDI: DABS-FEV STORAGE 88,000 88,000
Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA 31,000 31,000
Ohio ................................
Air Force Wright-Patterson ACQUISITION MANAGEMENT COMPLEX 0 19,500
Air Force Base PHASE V (P&D)
Oklahoma ................................
Air Force Tinker Air Force KC-46 3-BAY DEPOT MAINTENANCE 78,000 78,000
Base HANGAR (INC 3)
Air Force Vance Air Force CONSOLIDATED UNDERGRADUATE PILOT 0 8,400
Base TRAINING CENTER (P&D)
Philippines ................................
Air Force Cesar Basa Air Base PDI: TRANSIENT AIRCRAFT PARKING 35,000 35,000
APRON
South Dakota ................................
Air Force Ellsworth Air Force B-21 FUEL SYSTEM MAINTENANCE 75,000 75,000
Base DOCK
Air Force Ellsworth Air Force B-21 PHASE HANGAR 160,000 160,000
Base
Air Force Ellsworth Air Force B-21 WEAPONS GENERATION FACILITY 160,000 160,000
Base (INC)
Spain ................................
Air Force Moron Air Base EDI: MUNITIONS STORAGE 26,000 26,000
Texas ................................
Air Force Joint Base San CHILD DEVELOPMENT CENTER 20,000 20,000
Antonio-Lackland
United Kingdom ................................
Air Force Royal Air Force COST TO COMPLETE: EDI DABS-FEV 0 28,000
Fairford STORAGE
Air Force Royal Air Force COST TO COMPLETE: EDI MUNITIONS 0 20,000
Fairford HOLDING AREA
Air Force Royal Air Force EDI: RADR STORAGE FACILITY 47,000 47,000
Fairford
Air Force Royal Air Force EDI: RADR STORAGE FACILITY 28,000 28,000
Lakenheath
Air Force Royal Air Force SURETY DORMITORY 50,000 50,000
Lakenheath
Utah ................................
Air Force Hill Air Force Base F-35 T-7A EAST CAMPUS 82,000 82,000
INFRASTRUCTURE
Worldwide Unspecified ................................
Air Force Unspecified BARRACKS REPLACEMENT FUND 0 50,000
Worldwide
Air Force Unspecified EDI: PLANNING & DESIGN 5,648 5,648
Worldwide
Locations
Air Force Unspecified PLANNING & DESIGN 338,985 338,985
Worldwide
Locations
Air Force Unspecified PLANNING & DESIGN 90,281 90,281
Worldwide
Locations
Air Force Unspecified UNSPECIFIED MINOR MILITARY 64,900 64,900
Worldwide CONSTRUCTION
Locations
Wyoming ................................
Air Force F.E. Warren Air COST TO COMPLETE: CONSOLIDATED 0 18,000
Force Base HELO/TRF OPS/AMU AND ALERT
FACILITY
Air Force F.E. Warren Air GBSD INTEGRATED COMMAND CENTER 27,000 27,000
Force Base (INC 2)
Air Force F.E. Warren Air GBSD INTEGRATED TRAINING CENTER 85,000 85,000
Force Base
Air Force F.E. Warren Air GBSD MISSILE HANDLING COMPLEX 28,000 28,000
Force Base (INC 2)
..................... ................................
Subtotal Military Construction, Air Force 2,605,314 3,071,814
................... ................................
DEFENSE-WIDE
Alabama ................................
Defense-Wide Redstone Arsenal GROUND TEST FACILITY 147,975 77,975
INFRASTRUCTURE
California ................................
Defense-Wide Marine Corps Air AMBULATORY CARE CENTER--DENTAL 103,000 20,600
Station Miramar CLINIC ADD//ALT
Defense-Wide Marine Corps Air ELECTRICAL INFRASTRUCTURE, ON- 0 30,550
Station Miramar SITE GENERATION, AND MICROGRID
IMPROVEMENTS
Defense-Wide Monterey COST TO COMPLETE: COGEN PLANT AT 0 5,460
B236
Defense-Wide Naval Base Coronado COST TO COMPLETE: ATC OPERATIONS 0 11,400
SUPPORT FACILITY
Defense-Wide Naval Base Coronado SOF NAVAL SPECIAL WARFARE 0 51,000
COMMAND OPERATIONS SUPPORT
FACILITY, PHASE 2
Defense-Wide Naval Base San AMBULATORY CARE CENTER--DENTAL 101,644 22,185
Diego CLINIC REPLMT
Defense-Wide Naval Base San MICROGRID AND BACKUP POWER 0 6,300
Diego
Defense-Wide Naval Base Ventura COST TO COMPLETE: GROUND MOUNTED 0 16,840
County SOLAR PV
Defense-Wide Vandenberg Space MICROGRID WITH BACKUP POWER 0 57,000
Force Base
Colorado ................................
Defense-Wide Buckley Space Force REDUNDANT ELECTRICAL SUPPLY 0 9,000
Base
Defense-Wide Buckley Space Force REPLACEMENT WATER WELL 0 5,700
Base
Cuba ................................
Defense-Wide Guantanamo Bay AMBULATORY CARE CENTER (INC 1) 60,000 60,000
Naval Station
Delaware ................................
Defense-Wide Dover Air Force ARMED SERVICES WHOLE BLOOD 0 30,500
Base PROCESSING LABORATORY
Djibouti ................................
Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE ENERGY 0 5,200
SECURITY AND CONTROL SYSTEMS
Georgia ................................
Defense-Wide Naval Submarine ELECTRICAL TRANSMISSION AND 0 49,500
Base Kings Bay DISTRIBUTION IMPROVEMENTS,
PHASE 2
Germany ................................
Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING 0 16,700
CENTER
Defense-Wide Baumholder SOF COMPANY OPERATIONS FACILITY 41,000 41,000
Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING 23,000 23,000
FACILITY
Defense-Wide Kaiserslautern Air KAISERSLAUTERN MIDDLE SCHOOL 21,275 21,275
Base
Defense-Wide Ramstein Air Base RAMSTEIN MIDDLE SCHOOL 181,764 181,764
Defense-Wide Rhine Ordnance MEDICAL CENTER REPLACEMENT (INC 77,210 77,210
Barracks 11)
Defense-Wide Stuttgart ROBINSON BARRACKS ELEM SCHOOL 8,000 8,000
REPLACEMENT
Hawaii ................................
Defense-Wide Joint Base Pearl COST TO COMPLETE: FY20 500 KW PV 0 7,476
Harbor-Hickam COVERED PARKING EV CHARGING
STATION
Defense-Wide Joint Base Pearl COST TO COMPLETE: PRIMARY 0 13,040
Harbor-Hickam ELECTRICAL DISTRIBUTION
Honduras ................................
Defense-Wide Soto Cano Air Base FUEL FACILITIES 41,300 41,300
Italy ................................
Defense-Wide Naples COST TO COMPLETE: SMART GRID 0 7,610
Japan ................................
Defense-Wide Fleet Activities KINNICK HIGH SCHOOL (INC) 70,000 70,000
Yokosuka
Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR 88,900 88,900
Defense-Wide Kadena Air Base PDI: SOF COMPOSITE MAINTENANCE 11,400 11,400
FACILITY
Kansas ................................
Defense-Wide Forbes Field MICROGRID AND BACKUP POWER 0 5,850
Defense-Wide Fort Riley COST TO COMPLETE: POWER 0 15,468
GENERATION AND MICROGRID
Korea ................................
Defense-Wide K-16 Air Base K-16 EMERGENCY BACKUP POWER 0 5,650
Kuwait ................................
Defense-Wide Camp Arifjan COST TO COMPLETE: POWER 0 8,197
GENERATION AND MICROGRID
Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER 0 18,850
Louisiana ................................
Defense-Wide Naval Air Station COST TO COMPLETE: DISTRIBUTION 0 6,453
Joint Reserve Base SWITCHGEAR
New Orleans
Maryland ................................
Defense-Wide Bethesda Naval MEDICAL CENTER ADDITION/ 101,816 101,816
Hospital ALTERATION (INC 7)
Defense-Wide Fort Meade NSAW MISSION OPS AND RECORDS 105,000 105,000
CENTER (INC)
Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) 315,000 315,000
Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 5) 65,000 65,000
(INC)
Defense-Wide Joint Base Andrews HYDRANT FUELING SYSTEM 38,300 38,300
Missouri ................................
Defense-Wide Lake City Army MICROGRID AND BACKUP POWER 0 80,100
Ammunition Plant
Montana ................................
Defense-Wide Great Falls FUEL FACILITIES 30,000 30,000
International
Airport
Nebraska ................................
Defense-Wide Offutt Air Force DEFENSE POW/MIA ACCOUNTABILITY 0 5,000
Base AGENCY LABORATORY (P&D)
Defense-Wide Offutt Air Force MICROGRID AND BACKUP POWER 0 41,000
Base
North Carolina ................................
Defense-Wide Fort Liberty (Camp MICROGRID AND BACKUP POWER 0 10,500
Mackall)
Defense-Wide Marine Corps Base MARINE RAIDER BATTALION 0 70,000
Camp Lejeune OPERATIONS FACILITY
Oklahoma ................................
Defense-Wide Fort Sill MICROGRID AND BACKUP POWER 0 76,650
Pennsylvania ................................
Defense-Wide Fort Indiantown Gap COST TO COMPLETE: GEOTHERMAL AND 0 9,250
SOLAR PV
Puerto Rico ................................
Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER 0 56,000
Defense-Wide Juana Diaz COST TO COMPLETE: MICROGRID 0 7,680
CONTROLS, 690 KW PV, 275KW GEN,
570 KWH BESS
Defense-Wide Ramey COST TO COMPLETE: MICROGRID 0 6,360
CONTROL SYSTEM, 460 KW PV,
275KW GEN, 660 KWH BESS
Spain ................................
Defense-Wide Naval Station Rota BULK TANK FARM, PHASE 1 80,000 80,000
Texas ................................
Defense-Wide Fort Cavazos COST TO COMPLETE: POWER 0 18,900
GENERATION AND MICROGRID
Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER 0 18,250
Utah ................................
Defense-Wide Hill Air Force Base OPEN STORAGE 14,200 14,200
Virginia ................................
Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX 185,000 25,000
Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP POWER 0 1,200
GENERATION
Defense-Wide Joint Expeditionary SOF SDVT2 OPERATIONS SUPPORT 61,000 61,000
Base Little Creek-- FACILITY
Fort Story
Defense-Wide Fort Belvoir (NGA COST TO COMPLETE: CHILLED WATER 0 550
Campus East) REDUNDANCY
Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES 0 2,250
Defense-Wide Pentagon SEC OPS AND PEDESTRIAN ACCESS 30,600 30,600
FACS
Washington ................................
Defense-Wide Joint Base Lewis- POWER GENERATION AND MICROGRID 0 49,850
McChord
Defense-Wide Joint Base Lewis- SOF CONSOLIDATED RIGGING 62,000 62,000
McChord FACILITY
Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 71,000 71,000
Defense-Wide Naval Undersea SOF COLD WATER TRAINING AUSTERE 0 37,000
Warfare Center ENVIRONMENT FACILITY
Keyport
Worldwide Unspecified ................................
Defense-Wide Unspecified INDOPACOM UNSPECIFIED MINOR 0 62,000
Worldwide MILITARY CONSTRUCTION
Defense-Wide Unspecified ENERGY RESILIENCE AND CONSERV. 548,000 0
Worldwide INVEST. PROG.
Locations
Defense-Wide Unspecified ERCIP PLANNING & DESIGN 86,250 86,250
Worldwide
Locations
Defense-Wide Unspecified EXERCISE RELATED MINOR 11,107 11,107
Worldwide CONSTRUCTION
Locations
Defense-Wide Unspecified PLANNING & DESIGN 49,610 49,610
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 32,579 32,579
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 30,215 30,215
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 25,130 25,130
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 24,000 24,000
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 8,568 8,568
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 3,068 3,068
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 2,000 2,000
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 1,035 1,035
Worldwide
Locations
Defense-Wide Unspecified PLANNING & DESIGN 590 590
Worldwide
Locations
Defense-Wide Unspecified UNSPECIFIED MINOR CONSTRUCTION 19,271 19,271
Worldwide
Locations
Defense-Wide Unspecified UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000
Worldwide
Locations
Defense-Wide Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 4,875 4,875
Locations
Wyoming ................................
Defense-Wide F.E. Warren Air MICROGRID AND BATTERY STORAGE 0 25,000
Force Base
..................... ................................
Subtotal Military Construction, Defense-Wide 2,984,682 3,006,107
................... ................................
ARMY NATIONAL GUARD
Alabama ................................
Army National Guard Fort McClellan COST TO COMPLETE: ENLISTED 0 7,000
BARRACKS, TT
Army National Guard Huntsville COST TO COMPLETE: NATIONAL GUARD 0 4,650
READINESS CENTER
Arizona ................................
Army National Guard Surprise Readiness NATIONAL GUARD READINESS CENTER 15,000 15,000
Center
Arkansas ................................
Army National Guard Fort Chaffee COST TO COMPLETE: NATIONAL GUARD 0 610
READINESS CENTER
California ................................
Army National Guard Bakersfield COST TO COMPLETE: VEHICLE 0 1,000
MAINTENANCE SHOP
Army National Guard Camp Roberts COST TO COMPLETE: AUTOMATED 0 5,000
MULTIPURPOSE MACHINE GUN (MPMG)
RANGE
Colorado ................................
Army National Guard Peterson Space COST TO COMPLETE: NATIONAL GUARD 0 3,000
Force Base READINESS CENTER
Connecticut ................................
Army National Guard Putnam COST TO COMPLETE: NATIONAL GUARD 0 6,125
READINESS CENTER
Florida ................................
Army National Guard Camp Blanding MULTIPURPOSE MACHINE GUN RANGE 0 11,000
Guam ................................
Army National Guard Barrigada COST TO COMPLETE: NATIONAL GUARD 0 6,900
READINESS CENTER
Idaho ................................
Army National Guard Jerome COST TO COMPLETE: NATIONAL GUARD 0 1,250
READINESS CENTER
Army National Guard Jerome County NATIONAL GUARD VEHICLE 17,000 17,000
Regional Site MAINTENANCE SHOP
Illinois ................................
Army National Guard Bloomington COST TO COMPLETE: NATIONAL GUARD 0 5,250
VEHICLE MAINTENANCE SHOP
Army National Guard North Riverside NATIONAL GUARD VEHICLE 24,000 24,000
Armory MAINTENANCE SHOP
Indiana ................................
Army National Guard Shelbyville COST TO COMPLETE: NATIONAL GUARD 0 5,000
READINESS CENTER ADD/ALT
Kansas ................................
Army National Guard Topeka COST TO COMPLETE: NATIONAL GUARD/ 0 5,856
RESERVE CENTER BUILDING
Kentucky ................................
Army National Guard Burlington VEHICLE MAINTENANCE SHOP 0 16,400
Army National Guard Frankfort COST TO COMPLETE: NATIONAL GUARD/ 0 2,000
RESERVE CENTER BUILDING
Louisiana ................................
Army National Guard Camp Beauregard COLLECTIVE TRAINING 0 2,400
UNACCOMPANIED HOUSING OPEN-BAY
(P&D)
Army National Guard Camp Beauregard COST TO COMPLETE: NATIONAL GUARD 0 2,000
READINESS CENTER
Army National Guard Camp Minden COST TO COMPLETE: COLLECTIVE 0 3,718
TRAINING UNACCOMPANIED HOUSING,
OPEN BAY
Maine ................................
Army National Guard Northern Maine AUTOMATED MULTIPURPOSE MACHINE 0 2,800
Range Complex GUN RANGE (P&D)
Army National Guard Saco COST TO COMPLETE: NATIONAL GUARD 0 7,420
VEHICLE MAINTENANCE SHOP
Massachusetts ................................
Army National Guard Camp Edwards COST TO COMPLETE: AUTOMATED 0 3,000
MULTIPURPOSE MACHINE GUN (MPMG)
RANGE
Mississippi ................................
Army National Guard Camp Shelby CAMP SHELBY JFTC RAILHEAD 0 2,200
EXPANSION (P&D)
Army National Guard Camp Shelby COST TO COMPLETE: MANEUVER AREA 0 5,425
TRAINING EQUIPMENT SITE
ADDITION
Army National Guard Southaven NATIONAL GUARD READINESS CENTER 0 22,000
Missouri ................................
Army National Guard Belle Fontaine NATIONAL GUARD READINESS CENTER 28,000 28,000
Nebraska ................................
Army National Guard Bellevue COST TO COMPLETE: NATIONAL GUARD 0 9,090
READINESS CENTER
Army National Guard Greenlief Training COLLECTIVE TRAINING 0 1,200
Site UNACCOMPANIED HOUSING OPEN-BAY
(P&D)
Army National Guard Mead Training Site COST TO COMPLETE: COLLECTIVE 0 1,913
TRAINING UNACCOMPANIED HOUSING,
OPEN BAY
Army National Guard North Platte COST TO COMPLETE: NATIONAL GUARD 0 400
VEHICLE MAINTENANCE SHOP
New Hampshire ................................
Army National Guard Concord COST TO COMPLETE: NATIONAL GUARD 0 200
READINESS CENTER
Army National Guard Littleton NATIONAL GUARD VEHICLE 23,000 23,000
MAINTENANCE SHOP ADD
New Jersey ................................
Army National Guard Joint Base McGuire- COST TO COMPLETE: NATIONAL GUARD 0 605
Dix-Lakehurst READINESS CENTER
New Mexico ................................
Army National Guard Rio Rancho Training NATIONAL GUARD VEHICLE 11,000 11,000
Site MAINTENANCE SHOP ADD
New York ................................
Army National Guard Lexington Avenue NATIONAL GUARD READINESS CENTER 0 70,000
Armory
North Carolina ................................
Army National Guard Salisbury ARMY AVIATION SUPPORT FACILITIES 0 2,200
(P&D)
North Dakota ................................
Army National Guard Camp Grafton INSTITUTIONAL POST-INITIAL 0 1,950
MILITARY TRAINING,
UNACCOMPANIED HOUSING (P&D)
Army National Guard Dickinson COST TO COMPLETE: NATIONAL GUARD 0 5,425
READINESS CENTER
Ohio ................................
Army National Guard Camp Perry Joint NATIONAL GUARD READINESS CENTER 19,200 19,200
Training Center
Army National Guard Columbus COST TO COMPLETE: NATIONAL GUARD 0 4,000
READINESS CENTER
Oklahoma ................................
Army National Guard Ardmore COST TO COMPLETE: VEHICLE 0 400
MAINTENANCE SHOP
Oregon ................................
Army National Guard Washington County NATIONAL GUARD READINESS CENTER 26,000 26,000
Readiness Center
Pennsylvania ................................
Army National Guard Hermitage Readiness NATIONAL GUARD READINESS CENTER 13,600 13,600
Center
Army National Guard Moon Township COST TO COMPLETE: COMBINED 0 3,100
SUPPORT MAINTENANCE SHOP
Puerto Rico ................................
Army National Guard Fort Allen COST TO COMPLETE: NATIONAL GUARD 0 3,676
READINESS CENTER
Rhode Island ................................
Army National Guard Camp Fogarty COLLECTIVE TRAINING 0 1,990
Training Site UNACCOMPANIED HOUSING OPEN-BAY
(P&D)
Army National Guard North Kingstown NATIONAL GUARD READINESS CENTER 0 30,000
South Carolina ................................
Army National Guard Aiken County NATIONAL GUARD READINESS CENTER 20,000 20,000
Readiness Center
Army National Guard Joint Base COST TO COMPLETE: NATIONAL GUARD 0 4,373
Charleston READINESS CENTER
Army National Guard McCrady Training AUTOMATED MULTIPURPOSE MACHINE 7,900 7,900
Center GUN RANGE
South Dakota ................................
Army National Guard Sioux Falls COST TO COMPLETE: NATIONAL GUARD 0 5,250
READINESS CENTER
Tennessee ................................
Army National Guard Campbell Army Air ARMY AIR TRAFFIC CONTROL TOWERS 0 2,500
Field (P&D)
Army National Guard McMinnville COST TO COMPLETE: NATIONAL GUARD 0 500
READINESS CENTER
Texas ................................
Army National Guard Fort Cavazos GENERAL INSTRUCTION BUILDING 0 2,685
(P&D)
Army National Guard Fort Worth COST TO COMPLETE: AIRCRAFT 0 6,489
MAINTENANCE HANGAR ADD/ALT
Army National Guard Fort Worth COST TO COMPLETE: NATIONAL GUARD 0 381
VEHICLE MAINTENANCE SHOP
Utah ................................
Army National Guard Camp Williams COLLECTIVE TRAINING 0 2,875
UNACCOMPANIED HOUSING, SENIOR
NCO AND OFFICER (P&D)
Vermont ................................
Army National Guard Bennington COST TO COMPLETE: NATIONAL GUARD 0 3,415
READINESS CENTER
Virgin Islands ................................
Army National Guard St. Croix COST TO COMPLETE: ARMY AVIATION 0 4,200
SUPPORT FACILITY
Army National Guard St. Croix COST TO COMPLETE: READY BUILDING 0 1,710
Virginia ................................
Army National Guard Sandston Rc & FMS 1 AIRCRAFT MAINTENANCE HANGAR 20,000 20,000
Army National Guard Troutville COST TO COMPLETE: COMBINED 0 2,415
SUPPORT MAINTENANCE SHOP
ADDITION
Army National Guard Troutville COST TO COMPLETE: NATIONAL GUARD 0 2,135
READINESS CENTER ADDITION
West Virginia ................................
Army National Guard Parkersburg NATIONAL GUARD READINESS CENTER 0 3,300
(P&D)
Wisconsin ................................
Army National Guard Viroqua NATIONAL GUARD READINESS CENTER 18,200 18,200
Worldwide Unspecified ................................
Army National Guard Unspecified PLANNING & DESIGN 34,286 34,286
Worldwide
Locations
Army National Guard Unspecified UNSPECIFIED MINOR CONSTRUCTION 63,000 63,000
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Army National Guard 340,186 650,567
................... ................................
ARMY RESERVE
Alabama ................................
Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/LAND 57,000 57,000
Arizona ................................
Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT 12,000 12,000
ACTIVITY
California ................................
Army Reserve Camp Pendleton COST TO COMPLETE: AREA 0 3,000
MAINTENANCE SUPPORT ACTIVITY
Army Reserve Fort Hunter Liggett NETWORK ENTERPRISE CENTER 0 40,000
Florida ................................
Army Reserve Perrine COST TO COMPLETE: ARMY RESERVE 0 3,000
CENTER
North Carolina ................................
Army Reserve Asheville COST TO COMPLETE: ARMY RESERVE 0 12,000
CENTER
Ohio ................................
Army Reserve Wright-Patterson COST TO COMPLETE: ARMY RESERVE 0 5,000
Air Force Base CENTER
Worldwide Unspecified ................................
Army Reserve Unspecified PLANNING & DESIGN 23,389 23,389
Worldwide
Locations
Army Reserve Unspecified UNSPECIFIED MINOR CONSTRUCTION 14,687 14,687
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Army Reserve 107,076 170,076
................... ................................
NAVY RESERVE & MARINE CORPS RESERVE
Michigan ................................
Navy Reserve & Marine Battle Creek ORGANIC SUPPLY FACILITIES 24,549 24,549
Corps Reserve
Virginia ................................
Navy Reserve & Marine Marine Forces G/ATOR SUPPORT FACILITIES 12,400 12,400
Corps Reserve Reserve Dam Neck
Virginia Beach
Worldwide Unspecified ................................
Navy Reserve & Marine Unspecified MCNR PLANNING & DESIGN 6,495 6,495
Corps Reserve Worldwide
Locations
Navy Reserve & Marine Unspecified MCNR UNSPECIFIED MINOR 7,847 7,847
Corps Reserve Worldwide CONSTRUCTION
Locations
..................... ................................
Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 51,291 51,291
................... ................................
AIR NATIONAL GUARD
Alabama ................................
Air National Guard Montgomery Regional F-35 ADAL SQ OPS BLDG 1303 7,000 7,000
Airport
Alaska ................................
Air National Guard Eielson Air Force AMC STANDARD DUAL BAY HANGAR 0 3,700
Base (P&D)
Air National Guard Joint Base ADAL ALERT CREW FACILITY HGR 18 0 7,000
Elmendorf-
Richardson
Arizona ................................
Air National Guard Tucson MCCA: AIRCRAFT ARRESTING SYSTEM 11,600 11,600
International (NEW RWY)
Airport
Arkansas ................................
Air National Guard Ebbing Air National 3-BAY HANGAR 0 54,000
Guard Base
Air National Guard Ebbing Air National AIRCREW FLIGHT EQUIPMENT/STEP 0 9,300
Guard Base
Air National Guard Ebbing Air National SPECIAL ACCESS PROGRAM FACILITY 0 12,700
Guard Base
Colorado ................................
Air National Guard Buckley Space Force AIRCRAFT CORROSION CONTROL 12,000 12,000
Base
Indiana ................................
Air National Guard Fort Wayne FIRE STATION 8,900 8,900
International
Airport
Mississippi ................................
Air National Guard Field Air National COST TO COMPLETE: 172ND AIRLIFT 0 8,000
Guard Base WING FIRE/CRASH RESCUE STATION
Missouri ................................
Air National Guard Rosecrans Air 139TH AIRLIFT WING ENTRY CONTROL 0 2,000
National Guard POINT (P&D)
Base
Air National Guard Rosecrans Air ENTRY CONTROL POINT (P&D) 0 2,000
National Guard
Base
Oregon ................................
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 1 22,000 22,000
International
Airport
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 2 18,500 18,500
International
Airport
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 3 0 20,000
International
Airport
Air National Guard Portland SPECIAL TACTICS COMPLEX, PHASE 4 0 11,000
International
Airport
Pennsylvania ................................
Air National Guard Harrisburg ENTRY CONTROL FACILITY 0 8,000
International
Airport
Wisconsin ................................
Air National Guard Truax Field F-35: MM&I FAC, B701 0 5,200
Air National Guard Volk Air National FIRE/CRASH RESCUE STATION (P&D) 0 670
Guard Base
Worldwide Unspecified ................................
Air National Guard Unspecified PLANNING & DESIGN 35,600 35,600
Worldwide
Locations
Air National Guard Unspecified UNSPECIFIED MINOR CONSTRUCTION 63,122 63,122
Worldwide
Locations
..................... ................................
Subtotal Military Construction, Air National Guard 178,722 322,292
................... ................................
AIR FORCE RESERVE
Arizona ................................
Air Force Reserve Davis-Monthan Air GUARDIAN ANGEL POTFF FACILITY 0 8,500
Force Base
California ................................
Air Force Reserve March Air Reserve KC-46 ADD/ALTER B1244 FUT/CARGO 17,000 17,000
Base PALLET STORAGE
Air Force Reserve March Air Reserve KC-46 ADD/ALTER B6000 SIMULATOR 8,500 8,500
Base FACILITY
Air Force Reserve March Air Reserve KC-46 TWO BAY MAINTENANCE/FUEL 201,000 201,000
Base HANGAR
Guam ................................
Air Force Reserve Joint Region AERIAL PORT FACILITY 27,000 27,000
Marianas
Louisiana ................................
Air Force Reserve Barksdale Air Force 307 BW MEDICAL FACILITY ADDITION 0 7,000
Base
Ohio ................................
Air Force Reserve Youngstown Air BASE FIRE STATION (P&D) 0 2,500
Reserve Station
Texas ................................
Air Force Reserve Naval Air Station LRS WAREHOUSE 16,000 16,000
Joint Reserve Base
Fort Worth
Worldwide Unspecified ................................
Air Force Reserve Unspecified PLANNING & DESIGN 12,146 12,146
Worldwide
Locations
Air Force Reserve Unspecified UNSPECIFIED MINOR MILITARY 9,926 9,926
Worldwide CONSTRUCTION
Locations
..................... ................................
Subtotal Military Construction, Air Force Reserve 291,572 309,572
................... ................................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified ................................
NATO NATO Security NATO SECURITY INVESTMENT PROGRAM 293,434 293,434
Investment Program
..................... ................................
Subtotal NATO Security Investment Program 293,434 293,434
................... ................................
................... ................................
INDOPACIFIC COMBATANT COMMAND
Worldwide Unspecified ................................
MILCON, INDOPACOM Unspecified INDOPACOM MILITARY CONSTRUCTION 0 150,000
Worldwide PILOT PROGRAM
Locations
..................... ................................
Subtotal Base Realignment and Closure--Defense-Wide 0 150,000
................... ................................
TOTAL INDOPACIFIC COMBATANT COMMAND 0 150,000
................... ................................
TOTAL MILITARY CONSTRUCTION 14,345,019 14,345,019
................... ................................
FAMILY HOUSING
FAMILY HOUSING CONSTRUCTION, ARMY
Georgia ................................
Fam Hsg Con, Army Fort Eisenhower FORT EISENHOWER MHPI EQUITY 50,000 50,000
INVESTMENT
Germany ................................
Fam Hsg Con, Army Baumholder FAMILY HOUSING NEW CONSTRUCTION 78,746 78,746
Kwajalein ................................
Fam Hsg Con, Army Kwajalein Atoll FAMILY HOUSING REPLACEMENT 98,600 98,600
CONSTRUCTION
Missouri ................................
Fam Hsg Con, Army Fort Leonard Wood FORT LEONARD WOOD MHPI EQUITY 50,000 50,000
INVESTMENT
Worldwide Unspecified ................................
Fam Hsg Con, Army Unspecified FAMILY HOUSING P&D 27,549 27,549
Worldwide
Locations
..................... ................................
Subtotal Family Housing Construction, Army 304,895 304,895
................... ................................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified ................................
Fam Hsg O&M, Army Unspecified FURNISHINGS 12,121 12,121
Worldwide
Locations
Fam Hsg O&M, Army Unspecified HOUSING PRIVATIZATION SUPPORT 86,019 86,019
Worldwide
Locations
Fam Hsg O&M, Army Unspecified LEASING 112,976 112,976
Worldwide
Locations
Fam Hsg O&M, Army Unspecified MAINTENANCE 86,706 86,706
Worldwide
Locations
Fam Hsg O&M, Army Unspecified MANAGEMENT 41,121 41,121
Worldwide
Locations
Fam Hsg O&M, Army Unspecified MISCELLANEOUS 554 554
Worldwide
Locations
Fam Hsg O&M, Army Unspecified SERVICES 7,037 7,037
Worldwide
Locations
Fam Hsg O&M, Army Unspecified UTILITIES 38,951 38,951
Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation And Maintenance, Army 385,485 385,485
................... ................................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
Guam ................................
Fam Hsg Con, Navy & Joint Region REPLACE ANDERSEN HOUSING, PHASE 121,906 121,906
Marine Corps Marianas 8
Fam Hsg Con, Navy & Naval Support REPLACE ANDERSEN HOUSING (AF), 83,126 83,126
Marine Corps Activity Andersen PHASE 7
Worldwide Unspecified ................................
Fam Hsg Con, Navy & Unspecified DESIGN, WASHINGTON DC 4,782 4,782
Marine Corps Worldwide
Locations
Fam Hsg Con, Navy & Unspecified IMPROVEMENTS, WASHINGTON DC 57,740 57,740
Marine Corps Worldwide
Locations
Fam Hsg Con, Navy & Unspecified USMC DPRI/GUAM PLANNING & DESIGN 9,588 9,588
Marine Corps Worldwide
Locations
..................... ................................
Subtotal Family Housing Construction, Navy & Marine Corps 277,142 277,142
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified ................................
Fam Hsg O&M, Navy & Unspecified FURNISHINGS 17,744 17,744
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified HOUSING PRIVATIZATION SUPPORT 65,655 65,655
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified LEASING 60,214 60,214
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified MAINTENANCE 101,356 101,356
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified MANAGEMENT 61,896 61,896
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified MISCELLANEOUS 419 419
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified SERVICES 13,250 13,250
Marine Corps Worldwide
Locations
Fam Hsg O&M, Navy & Unspecified UTILITIES 43,320 43,320
Marine Corps Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 363,854 363,854
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Alabama ................................
Fam Hsg Con, Air Force Maxwell Air Force MHPI RESTRUCTURE-AETC GROUP II 65,000 65,000
Base
Colorado ................................
Fam Hsg Con, Air Force U.S. Air Force CONSTRUCTION IMPROVEMENT-- 9,282 9,282
Academy CARLTON HOUSE
Hawaii ................................
Fam Hsg Con, Air Force Joint Base Pearl MHPI RESTRUCTURE-JOINT BASE 75,000 75,000
Harbor-Hickam PEARL HARBOR-HICKAM
Mississippi ................................
Fam Hsg Con, Air Force Keesler Air Force MHPI RESTRUCTURE-SOUTHERN GROUP 80,000 80,000
Base
Worldwide Unspecified ................................
Fam Hsg Con, Air Force Unspecified PLANNING & DESIGN 7,815 7,815
Worldwide
Locations
..................... ................................
Subtotal Family Housing Construction, Air Force 237,097 237,097
................... ................................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified ................................
Fam Hsg O&M, Air Force Unspecified FURNISHINGS 12,884 23,884
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified HOUSING PRIVATIZATION SUPPORT 31,803 31,803
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified LEASING 5,143 5,143
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified MAINTENANCE 135,410 124,410
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified MANAGEMENT 68,023 68,023
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified MISCELLANEOUS 2,377 2,377
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified SERVICES 10,692 10,692
Worldwide
Locations
Fam Hsg O&M, Air Force Unspecified UTILITIES 48,054 48,054
Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation And Maintenance, Air Force 314,386 314,386
................... ................................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified ................................
Fam Hsg O&M, Defense- Unspecified FURNISHINGS 673 673
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified FURNISHINGS 89 89
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified LEASING 32,042 32,042
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified LEASING 13,658 13,658
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified MAINTENANCE 35 35
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified UTILITIES 4,273 4,273
Wide Worldwide
Locations
Fam Hsg O&M, Defense- Unspecified UTILITIES 15 15
Wide Worldwide
Locations
..................... ................................
Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,785 50,785
................... ................................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified ................................
Family Housing Unspecified ADMINISTRATIVE EXPENSES--FHIF 6,611 6,611
Improvement Fund Worldwide
Locations
..................... ................................
Subtotal Family Housing Improvement Fund 6,611 6,611
................... ................................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified ................................
Unaccompanied Housing Unspecified ADMINISTRATIVE EXPENSES--UHIF 496 496
Improvement Fund Worldwide
Locations
..................... ................................
Subtotal Unaccompanied Housing Improvement Fund 496 496
................... ................................
TOTAL FAMILY HOUSING 1,940,751 1,940,751
DEFENSE BASE REALIGNMENT AND CLOSURE
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified ................................
BRAC, Army Unspecified BASE REALIGNMENT AND CLOSURE 150,640 150,640
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Army 150,640 150,640
................... ................................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified ................................
BRAC, Navy Unspecified BASE REALIGNMENT AND CLOSURE 108,818 108,818
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Navy 108,818 108,818
................... ................................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified ................................
BRAC, Air Force Unspecified BASE REALIGNMENT AND CLOSURE 123,990 123,990
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Air Force 123,990 123,990
................... ................................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified ................................
BRAC, Defense-Wide Unspecified INT-4: DLA ACTIVITIES 5,726 5,726
Worldwide
Locations
..................... ................................
Subtotal Base Realignment and Closure--Defense-Wide 5,726 5,726
................... ................................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 389,174 389,174
................... ................................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 16,674,944 16,674,944
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2024 Senate
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 177,733 177,733
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 18,832,947 19,108,947
Defense Nuclear Nonproliferation.. 2,508,959 2,483,959
Naval Reactors.................... 1,964,100 1,964,100
Federal Salaries and Expenses..... 538,994 538,994
Total, National Nuclear Security 23,845,000 24,096,000
Administration.........................
Defense Environmental Cleanup....... 7,073,587 7,073,587
Defense Uranium Enrichment D&D...... 427,000 0
Other Defense Activities............ 1,075,197 1,075,197
Total, Atomic Energy Defense Activities. 32,420,784 32,244,784
Total, Discretionary Funding............ 32,598,517 32,422,517
Nuclear Energy
Safeguards and security................. 177,733 177,733
Total, Nuclear Energy................... 177,733 177,733
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 449,850 449,850
W88 Alteration program.............. 178,823 178,823
W80-4 Life extension program........ 1,009,929 1,009,929
W80-4 ALT Nuclear-armed sea-launched 0 75,000
cruise missile.....................
Program increase.................. (75,000)
W87-1 Modification Program.......... 1,068,909 1,068,909
W93................................. 389,656 389,656
Subtotal, Stockpile major modernization. 3,097,167 3,172,167
Stockpile sustainment..................... 1,276,578 1,276,578
Weapons dismantlement and disposition..... 53,718 53,718
Production operations..................... 710,822 710,822
Nuclear enterprise assurance.............. 66,614 66,614
Total, Stockpile management............. 5,204,899 5,279,899
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 833,100 833,100
21-D-512 Plutonium Pit 670,000 670,000
Production Project, LANL.......
15-D-302 TA-55 Reinvestments 30,000 30,000
Project, Phase 3, LANL.........
07-D-220-04 Transuranic Liquid 0 0
Waste Facility, LANL...........
04-D-125 Chemistry and 227,122 227,122
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,760,222 1,760,222
Modernization..........................
Savannah River Plutonium Modernization
Savannah River Plutonium 62,764 62,764
Operations.....................
21-D-511 Savannah River 858,235 858,235
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River Plutonium 920,999 920,999
Modernization..........................
Enterprise Plutonium Support.......... 87,779 87,779
Total, Plutonium Modernization.......... 2,769,000 2,769,000
High Explosives & Energetics
High Explosives & Energetics.... 93,558 93,558
23-D-516 Energetic Materials 0 19,000
Characterization Facility, LANL
Restore project............... (19,000)
21-D-510 HE Synthesis, 0 110,000
Formulation, and Production, PX
Restore project............... (110,000)
15-D-301 HE Science & 101,356 101,356
Engineering Facility, PX.......
Subtotal, High Explosives & Energetics.. 194,914 323,914
Total, Primary Capability Modernization. 2,963,914 3,092,914
Secondary Capability Modernization
Secondary Capability Modernization...... 666,914 666,914
18-D-690 Lithium Processing Facility, Y- 210,770 210,770
12.....................................
06-D-141 Uranium Processing Facility, Y- 760,000 760,000
12.....................................
Total, Secondary Capability 1,637,684 1,637,684
Modernization..........................
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 592,992 592,992
18-D-650 Tritium Finishing Facility, SRS 0 0
Total, Tritium and Domestic Uranium 592,992 592,992
Enrichment.............................
Non-Nuclear Capability Modernization
Non-Nuclear Capability Modernization.... 166,990 166,990
22-D-513 Power Sources Capability, SNL.. 37,886 37,886
Total, Non-Nuclear Capability 204,876 204,876
Modernization..........................
Capability Based Investments.............. 156,462 156,462
Total, Production Modernization......... 5,555,928 5,684,928
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 917,751 926,751
Program increase for Krypton (9,000)
Fluoride laser...................
14-D-640 U1a Complex Enhancements 126,570 126,570
Project, NNSS......................
Total, Assessment Science............... 1,044,321 1,053,321
Engineering and integrated assessments 440,456 440,456
Inertial confinement fusion........... 601,650 641,650
Program increase.................... (40,000)
Advanced simulation and computing..... 782,472 792,472
Program increase.................... (10,000)
Weapon technology and manufacturing 327,745 327,745
maturation...........................
Academic programs..................... 152,271 152,271
Total, Stockpile research, technology, 3,348,915 3,407,915
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,053,000 1,053,000
Safety and Environmental Operations. 139,114 139,114
Maintenance and Repair of Facilities 718,000 718,000
Recapitalization
Infrastructure and Safety......... 650,012 650,012
Subtotal, Recapitalization.............. 650,012 650,012
Total, Operating........................ 2,560,126 2,560,126
Mission enabling construction
22-D-510 Analytic Gas Laboratory, PX 35,000 35,000
22-D-511 Plutonium Production 48,500 48,500
Building, LANL.....................
22-D-512 TA-46 Protective Force 48,500 48,500
Facility, LANL.....................
22-D-517 Electrical Power Capacity 75,000 75,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 0 0
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 0 0
Y-12...............................
Total, Mission enabling construction.... 207,000 207,000
Total, Infrastructure and operations.... 2,767,126 2,767,126
Secure transportation asset
Operations and equipment.............. 239,008 239,008
Program direction..................... 118,056 118,056
Total, Secure transportation asset...... 357,064 357,064
Defense nuclear security
Operations and maintenance............ 988,756 991,756
Program increase.................... (3,000)
Construction:
17-D-710 West End Protected Area 28,000 38,000
Reduction Project, Y-12............
Program increase.................. (10,000)
Subtotal, Construction.................. 28,000 38,000
Total, Defense nuclear security......... 1,016,756 1,029,756
Information technology and cybersecurity.. 578,379 578,379
Legacy contractor pensions................ 65,452 65,452
Total, Weapons Activities............... 18,894,519 19,170,519
Adjustments
Use of prior year balances............ -61,572 -61,572
Total, Adjustments...................... -61,572 -61,572
Total, Weapons Activities............... 18,832,947 19,108,947
Defense Nuclear Nonproliferation
Material Management and Minimization
Conversion (formerly HEU Reactor 116,675 116,675
Conversion)..........................
Nuclear material removal.............. 47,100 47,100
Material disposition.................. 282,250 282,250
Total, Material Management and 446,025 446,025
Minimization...........................
Global Material Security
International nuclear security........ 84,707 84,707
Radiological security................. 258,033 258,033
Nuclear smuggling detection and 181,308 181,308
deterrence...........................
Total, Global Material Security......... 524,048 524,048
Nonproliferation and Arms Control....... 212,358 212,358
Defense Nuclear Nonproliferation R&D
Proliferation detection............... 290,388 290,388
Nonproliferation stewardship program.. 107,437 107,437
Nuclear detonation detection.......... 285,603 285,603
Forensics R&D......................... 44,759 44,759
Nonproliferation fuels development.... 0 0
Total, Defense Nuclear Nonproliferation 728,187 728,187
R&D....................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 77,211 77,211
Project, SRS.........................
Total, Nonproliferation Construction.... 77,211 77,211
NNSA Bioassurance Program............... 25,000 0
Program reduction..................... (-25,000)
Legacy contractor pensions.............. 22,587 22,587
Nuclear Counterterrorism and Incident
Response Program
Emergency Operations.................. 19,123 19,123
Counterterrorism and 474,420 474,420
Counterproliferation.................
Total, Nuclear Counterterrorism and 493,543 493,543
Incident Response Program..............
Subtotal, Defense Nuclear 2,528,959 2,503,959
Nonproliferation.......................
Adjustments
Use of prior year balances............ -20,000 -20,000
Total, Adjustments...................... -20,000 -20,000
Total, Defense Nuclear Nonproliferation. 2,508,959 2,483,959
Naval Reactors
Naval reactors development.............. 838,340 838,340
Columbia-Class reactor systems 52,900 52,900
development............................
S8G Prototype refueling................. 0 0
Naval reactors operations and 712,036 712,036
infrastructure.........................
Program direction....................... 61,540 61,540
Construction:
22-D-533 BL Component Test Complex.... 0 0
22-D-531 KL Chemistry & Radiological 10,400 10,400
Health Building......................
21-D-530 KL Steam and Condensate 53,000 53,000
Upgrade..............................
14-D-901 Spent Fuel Handling 199,300 199,300
Recapitalization Project, NRF........
24-D-530 NRF Medical Science Complex.. 36,584 36,584
Total, Construction..................... 299,284 262,700
Total, Naval Reactors................... 1,964,100 1,964,100
Federal Salaries and Expenses
Program direction....................... 538,994 538,994
Use of prior year balances.............. 0 0
Total, Federal Salaries and Expenses.... 538,994 538,994
TOTAL, National Nuclear Security 23,845,000 24,096,000
Administration.........................
Defense Environmental Cleanup
Closure sites administration.......... 3,023 3,023
Richland
River corridor and other cleanup 180,000 180,000
operations...........................
Central plateau remediation........... 684,289 684,289
Richland community and regulatory 10,100 10,100
support..............................
18-D-404 Modification of Waste 0 0
Encapsulation and Storage Facility...
22-D-401 L-888 Eastern Plateau Fire 7,000 7,000
Station..............................
22-D-402 L-897 200 Area Water 11,200 11,200
Treatment Facility...................
23-D-404 181D Export Water System 27,149 27,149
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 462 462
Reconfiguration and Upgrade..........
24-D-401 Environmental Restoration 1,000 1,000
Disposal Facility Supercell 11 Expans
Proj.................................
Total, Richland......................... 921,200 921,200
Office of River Protection:
Waste Treatment Immobilization Plant 466,000 466,000
Commissioning........................
Rad liquid tank waste stabilization 813,625 813,625
and disposition......................
Construction:
23-D-403 Hanford 200 West Area 15,309 15,309
Tank Farms Risk Management
Project..........................
15-D-409 Low Activity Waste 60,000 60,000
Pretreatment System..............
18-D-16 Waste Treatment and 0 0
Immobilization Plant--LBL/Direct
feed LAW.........................
01-D-16D High-Level Waste Facility 600,000 600,000
01-D-16E Pretreatment Facility.... 20,000 20,000
Subtotal, Construction.................. 695,309 695,309
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,974,934 1,974,934
Idaho National Laboratory:
Idaho cleanup and waste disposition... 377,623 377,623
Idaho community and regulatory support 2,759 2,759
Construction:
22-D-403 Idaho Spent Nuclear Fuel 10,159 10,159
Staging Facility.................
22-D-404 Addl ICDF Landfill 46,500 46,500
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction.................. 66,659 66,659
Total, Idaho National Laboratory........ 447,041 447,041
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,879 1,879
LLNL Excess Facilities D&D............ 20,195 20,195
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 61,952 61,952
Sandia National Laboratory............ 2,264 2,264
Los Alamos National Laboratory........ 273,831 273,831
Los Alamos Excess Facilities D&D...... 13,648 13,648
Total, NNSA sites and Nevada off-sites.. 389,069 389,069
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 335,000 335,000
U233 Disposition Program.............. 55,000 55,000
OR cleanup and waste disposition...... 72,000 72,000
Construction:
14-D-403 Outfall 200 Mercury 10,000 10,000
Treatment Facility...............
17-D-401 On-site Waste Disposal 24,500 24,500
Facility.........................
Subtotal, Construction.................. 34,500 34,500
OR community & regulatory support..... 5,500 5,500
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 505,000 505,000
Savannah River Site:
Savannah River risk management 453,109 453,109
operations...........................
Savannah River legacy pensions........ 65,898 65,898
Savannah River community and 12,389 12,389
regulatory support...................
Savannah River National Laboratory O&M 42,000 42,000
Construction:
20-D-401 Saltstone Disposal Unit 56,250 56,250
#10, 11, 12......................
19-D-701 SR Security Systems 0 0
Replacement......................
18-D-401 Saltstone Disposal Unit 31,250 31,250
#8, 9............................
18-D-402 Emergency Operations 34,733 34,733
Center Replacement, SR...........
Subtotal, Construction.................. 122,233 122,233
Radioactive liquid tank waste 880,323 880,323
stabilization........................
Total, Savannah River Site.............. 1,575,952 1,575,952
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 369,961 369,961
Construction:
15-D-411 Safety Significant 44,365 44,365
Confinement Ventilation System,
WIPP.............................
15-D-412 Utility Shaft, WIPP...... 50,000 50,000
Total, Construction..................... 94,365 94,365
Total, Waste Isolation Pilot Plant...... 464,326 464,326
Program direction--Defense Environmental 326,893 326,893
Cleanup................................
Program support--Defense Environmental 103,504 103,504
Cleanup................................
Safeguards and Security--Defense 332,645 332,645
Environmental Cleanup..................
Technology development and deployment... 30,000 30,000
Subtotal, Defense Environmental Cleanup. 7,073,587 7,073,587
TOTAL, Defense Environmental Cleanup.... 7,073,587 7,073,587
Defense Uranium Enrichment D&D............ 427,000 0
Program reduction....................... (-427,000)
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 144,705 144,705
security mission support.............
Program direction..................... 86,558 86,558
Total, Environment, health, safety and 231,263 231,263
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 30,022 30,022
Program direction..................... 64,132 64,132
Total, Office of Enterprise Assessments. 94,154 94,154
Specialized security activities......... 345,330 345,330
Legacy Management
Legacy Management Activities--Defense. 173,681 173,681
Program Direction..................... 22,621 22,621
Total, Legacy Management................ 196,302 196,302
Defense-Related Administrative Support.. 203,649 203,649
Office of Hearings and Appeals.......... 4,499 4,499
Subtotal, Other Defense Activities...... 1,075,197 1,075,197
Use of prior year balances.............. 0 0
Total, Other Defense Activities......... 1,075,197 1,075,197
------------------------------------------------------------------------
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
Subtitle D--Air Force Programs
SEC. 5131. INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--Section 146(a)(3)(B) of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2455) is amended by striking ``2023''
and inserting ``2024''.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--Section 146(b)(1) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2455) is amended by striking ``fiscal year 2023'' and inserting
``fiscal years 2023 and 2024''.
SEC. 5132. EXTENSION OF PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER
AIRCRAFT SQUADRONS.
Section 133(c)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1574) is amended by
striking ``September 30, 2023'' and inserting ``September 30, 2026''.
SEC. 5133. PROHIBITION ON DIVESTMENT OF F-15E AIRCRAFT.
None of the funds authorized to be appropriated by this Act for any
of fiscal years 2024 through 2029 may be obligated or expended to
divest any F-15E aircraft.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 5201. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN
THE DEPARTMENT OF DEFENSE TO QUANTUM INFORMATION SCIENCES
AND TECHNOLOGY RESEARCH.
In carrying out section 1599g of title 10, United States Code, the
Secretary of Defense may establish public-private exchange programs,
each with up to 10 program participants, focused on private sector
entities working on quantum information sciences and technology
research applications.
SEC. 5202. BRIEFING ON SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM.
Not later than three years after the date of the enactment of this
Act, the Secretary of Defense shall provide Congress with a briefing on
participation and use of the program under section 4093 of title 10,
United States Code, with a particular focus on levels of interest from
students engaged in studying quantum fields.
SEC. 5203. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Fellowship Program Authorized.--Section 234 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. 4001 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Fellowships.--
``(1) Program authorized.--In carrying out the program
required by subsection (a) and subject to the availability of
appropriations to carry out this subsection, the Secretary may
carry out a program of fellowships in quantum information
science and technology research and development for individuals
who have a graduate or post-graduate degree.
``(2) Equal access.--In carrying out the program under
paragraph (1), the Secretary may establish procedures to ensure
that minority, geographically diverse, and economically
disadvantaged students have equal access to fellowship
opportunities under such program.''.
(b) Multidisciplinary Partnerships With Universities.--Such section
is further amended--
(1) by redesignating subsection (g), as redesignated by
subsection (a)(1), as subsection (h); and
(2) by inserting after subsection (f), as added by
subsection (a)(2), the following new subsection (g):
``(g) Multidisciplinary Partnerships With Universities.--In
carrying out the program under subsection (a), the Secretary of Defense
may develop partnerships with universities to enable students to engage
in multidisciplinary courses of study.''.
SEC. 5204. IMPROVEMENTS TO NATIONAL QUANTUM INITIATIVE PROGRAM.
(a) Involvement of Department of Defense and Intelligence Community
in National Quantum Initiative Advisory Committee.--
(1) Qualifications.--Subsection (b) of section 104 of the
National Quantum Initiative Act (15 U.S.C. 8814) is amended by
striking ``and Federal laboratories'' and inserting ``Federal
laboratories, and intelligence researchers''.
(2) Integration.--Such section is amended--
(A) by redesignating subsections (e) through (g) as
subsection (f) through (h), respectively; and
(B) by inserting after subsection (d) the following
new subsection (e):
``(e) Integration of Department of Defense and Intelligence
Community.--The Advisory Committee shall take such actions as may be
necessary, including by modifying policies and procedures of the
Advisory Committee, to ensure the full integration of the Department of
Defense and the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) in activities of the
Advisory Committee.''.
(b) Clarification of Purpose of Multidisciplinary Centers for
Quantum Research and Education.--Section 302(c) of the National Quantum
Initiative Act (15 U.S.C. 8842(c)) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) encouraging workforce collaboration, both with
private industry and among Federal entities, including
Department of Defense components and the intelligence community
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).''.
(c) Coordination of National Quantum Information Science Research
Centers.--Section 402(d) of the National Quantum Initiative Act (15
U.S.C. 8852(d)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) other research entities of the Federal government,
including research entities in the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003));''.
(d) National Quantum Coordination Office, Collaboration When
Reporting to Congress.--Section 102 of the National Quantum Initiative
Act (15 U.S.C. 8812) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Collaboration When Reporting to Congress.--The Coordination
Office shall ensure that when participants in the National Quantum
Initiative Program prepare and submit reports to Congress that they do
so in collaboration with each other and as appropriate Federal
civilian, defense, and intelligence research entities.''.
(e) Reporting to Additional Committees of Congress.--Paragraph (2)
of section 2 of such Act (15 U.S.C. 8801) is amended to read as
follows:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Natural
Resources, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate; and
``(B) the Committee on Energy and Commerce, the
Committee on Science, Space, and Technology, the
Committee on Armed Services, and the Permanent Select
Committee on Intelligence of the House of
Representatives.''.
SEC. 5205. ANNUAL REVIEW OF STATUS OF IMPLEMENTATION PLAN FOR DIGITAL
ENGINEERING CAREER TRACKS.
(a) Annual Review and Report Required.--Not less frequently than
once each year until December 31, 2029, the Secretary of Defense
shall--
(1) conduct an internal review of the status of the
implementation of the plan submitted pursuant to section 230(b)
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. note prec. 501); and
(2) submit to the congressional defense committees--
(A) a summary of the status described in paragraph
(1);
(B) a report on the findings of the Secretary with
respect to the most recent review conducted pursuant to
such paragraph; and
(C) a plan for how the Department of Defense will
plan for digital engineering personnel needs in the
coming years.
(b) Consideration.--The review conducted pursuant to subsection
(a)(1) shall include consideration of the rapid rate of technological
change in data science and machine learning.
SEC. 5206. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS OR
THREATS.
(a) Authorities.--Upon approval by the Secretary of Defense of a
determination described in subsection (b), the Secretary of a military
department may use the rapid acquisition and funding authorities
established pursuant to section 3601 of title 10, United States Code,
to initiate urgent or emerging operational development activities for a
period of up to one year, in order to--
(1) leverage an emergent technological advancement of value
to the national defense to address a military service-specific
need; or
(2) provide a rapid response to an emerging threat
identified by a military service.
(b) Determination.--A determination described in this subsection is
a determination by the Secretary of a military department submitted in
writing to the Secretary of Defense that provides the following:
(1) Identification of a compelling urgent or emergency
national security need to immediately initiate development
activity in anticipation of a programming or budgeting action,
in order to leverage an emergent technological advancement or
provide a rapid response to an emerging threat.
(2) Justification for why the effort cannot be delayed
until the next submission of the budget of the President (under
section 1105(a) of title 31, United States Code) without
harming the national defense.
(3) Funding is identified for the effort in the current
fiscal year to initiative the activity.
(4) An appropriate acquisition pathway and programmed
funding for transition to continued development, integration,
or sustainment is identified to on-ramp this activity within
two years.
(c) Additional Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall amend
the procedures for the rapid acquisition and deployment of
capabilities needed in response to urgent operational needs
prescribed pursuant to such section 3601 to carry out this
section. Such updated procedures shall be provided to the
congressional defense committees concurrently with the
promulgation to the rest of the Department of Defense.
(2) Requirements to be included.--The procedures amended
under paragraph (1) shall include the following requirements:
(A) Funding.--(i) Subject to clause (ii), in any
fiscal year in which a determination described in
subsection (b) is made, the Secretary of the military
department making the determination may initiate the
activities authorized under subsection (a) using any
funds available to the Secretary for such fiscal year
for--
(I) procurement; or
(II) research, development, test, and
evaluation.
(ii) The total cost of all developmental activities
within the Department of Defense, funded under this
section, may not exceed $100,000,000 for any fiscal
year.
(B) Waiver authority.--(i) Subject to clause (ii),
the Secretary of the military department making a
determination under subsection (b) may issue a waiver
under subsection (d) of such section 3601.
(ii) Chapter 221 of title 10, United States Code,
may not be waived pursuant to clause (i).
(C) Transition.--(i) Any acquisition initiated
under subsection (a) shall transition to an appropriate
acquisition pathway for transition and integration of
the development activity, or be transitioned to a newly
established program element or procurement line for
completion of such activity.
(ii)(I) Transition shall be completed within one
year of initiation, but may be extended one time only
at the discretion of the Secretary of the military
department for one additional year.
(II) In the event an extension determination is
made under subclause (I), the affected Secretary of the
military department shall submit to the congressional
defense committees, not later than 30 days before the
extension takes effect, written notification of the
extension with a justification for the extension.
(3) Submittal to congress.--Concurrent with promulgation to
the Department of the amendments to the procedures under
paragraph (1), the Secretary shall submit to the congressional
defense committees the procedures update by such amendments.
(d) Congressional Notification.--Within 15 days after the Secretary
of Defense approves a determination described in subsection (b), the
Secretary of the military department making the determination shall
provide written notification of such determination to the congressional
defense committees following the procedures for notification in
subsections (c)(4)(D) and (c)(4)(F) of such section 3601. A notice
under this subsection shall be sufficient to fulfill any requirement to
provide notification to Congress for a new start program.
TITLE LIII--OPERATION AND MAINTENANCE
Subtitle A--Briefings and Reports
SEC. 5341. REPORT BY DEPARTMENT OF DEFENSE ON ALTERNATIVES TO BURN
PITS.
Not later than 60 days after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment shall
submit to Congress a report on incinerators and waste-to-energy waste
disposal alternatives to burn pits.
TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle C--Other Matters
SEC. 5631. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR DEPENDENTS OF
MEMBERS SEPARATED FOR DEPENDENT ABUSE.
(a) Covered Punitive Actions.--Subsection (b) of section 1059 of
title 10, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``; or'' and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) who is--
``(A) convicted of a dependent-abuse offense in a
district court of the United States or a State court;
and
``(B) separated from active duty pursuant to a
sentence of a court-martial, or administratively
separated, voluntarily or involuntarily, from active
duty, for an offense other than the dependent-abuse
offense.''.
(b) Commencement of Payment.--Subsection (e)(1) of such section is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by
inserting after ``offense'' the following: ``or an
offense described in subsection (b)(3)(B)''; and
(B) in clause (ii), by striking ``; and'' and
inserting a semicolon; and
(2) in subparagraph (B), by striking ``(if the basis'' and
all that follows through ``offense)''.
(c) Definition of Dependent Child.--Subsection (l) of such section
is amended, in the matter preceding paragraph (1)--
(1) by striking ``resulting in the separation of the former
member or'' and inserting ``referred to in subsection (b) or'';
and
(2) by striking ``resulting in the separation of the former
member and'' and inserting ``and''.
(d) Delegation of Determinations Relating to Exceptional
Eligibility.--Subsection (m)(4) of such section is amended to read as
follows:
``(4) The Secretary concerned may delegate the authority under
paragraph (1) to authorize eligibility for benefits under this section
for dependents and former dependents of a member or former member to
the first general or flag officer (or civilian equivalent) in the chain
of command of the member.''.
SEC. 5632. REPORT ON EFFECT OF PHASE-OUT OF REDUCTION OF SURVIVOR
BENEFIT PLAN SURVIVOR ANNUITIES BY AMOUNT OF DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) In General.--The Secretary of Defense shall submit to Congress
a report on the effect of section 622 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) and the
amendments made by such section.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) An assessment on the effect that section 622 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) and the amendments made by such section had on
beneficiaries and any unintended consequences that were a
result of such section or amendments.
(2) An evaluation of the authority that the Secretary has
in a situation when the Defense Finance Accounting Service
cannot verify the eligibility of a spouse and payments are
paused for the child.
(3) Recommendations for legislative action to ensure the
Secretary has the flexibility to make payments under subchapter
II of chapter 73 of title 10, United States Code, to dependent
children that are under the guardianship of someone other than
the surviving spouse.
(4) An assessment of the process of the Department for
determining eligibility for survivor benefits under subchapter
II of chapter 73 of title 10, United States Code, and
dependency and indemnity compensation under chapter 13 of title
38, United States Code, and the coordination between the
Defense Finance Accounting Service and the Department of
Veterans Affairs for such benefits.
TITLE LVII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 5701. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO INCLUDE
CHILDREN OF CERTAIN RETIRED MEMBERS OF THE UNIFORMED
SERVICES.
Paragraph (16) of section 1077(a) of title 10, United States Code,
is amended to read as follows:
``(16) Except as provided by subsection (g), a hearing aid,
but only if the dependent has a profound hearing loss, as
determined under standards prescribed in regulations by the
Secretary of Defense in consultation with the administering
Secretaries, and only for the following dependents:
``(A) A dependent of a member of the uniformed
services on active duty.
``(B) A dependent under subparagraph (D) or (I) of
section 1072(2) of this title of a former member of the
uniformed services who--
``(i) is entitled to retired or retainer
pay, or equivalent pay; and
``(ii) is enrolled in family coverage under
TRICARE Prime.''.
Subtitle B--Health Care Administration
SEC. 5711. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND
DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH
AGENCY.
Section 720(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
1073c note) is amended, in the matter preceding paragraph (1), by
striking ``February 1, 2024'' and inserting ``February 1, 2025''.
Subtitle C--Reports and Other Matters
SEC. 5721. REPORT ON MILITARY MENTAL HEALTH CARE REFERRAL POLICIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report--
(1) detailing the mental health care referral policies of
the Armed Forces; and
(2) the impact of removing primary care referral
requirements for outpatient mental health care on--
(A) military readiness;
(B) the uptake of outpatient mental health care
services by members of the Armed Forces; and
(C) suicide prevention.
(b) Recommendations.--The report required by subsection (a) shall
include recommendations and legislative proposals--
(1) to improve resources and access for outpatient mental
health care services by members of the Armed Forces;
(2) to encourage the uptake of such services by such
members; and
(3) to maintain military readiness.
SEC. 5722. COMPTROLLER GENERAL STUDY ON BIOMEDICAL RESEARCH AND
DEVELOPMENT FUNDED BY DEPARTMENT OF DEFENSE.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the management by the Department of Defense of
biomedical research and development funded by the Department, including
a review of--
(1) patents for drugs approved by the Food and Drug
Administration that were supported with intramural or
extramural funding from the Department;
(2) requirements of the Department for how grant
recipients, contractors, and labs of the Department should
disclose support by the Department in patents generated with
funding from the Department; and
(3) the data systems of the Department for cataloging
information about patents generated with funding from the
Department.
(b) Briefing.--Not later than March 31, 2024, the Comptroller
General shall brief the Committees on Armed Services of the Senate and
the House of Representatives on the study conducted under subsection
(a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study conducted under subsection (a).
SEC. 5723. REPORT ON PROVISION OF MENTAL HEALTH SERVICES VIA TELEHEALTH
TO MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.
Not later than March 31, 2024, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the provision by the Department of
Defense of mental health services via telehealth that includes the
following:
(1) A summary of relevant Federal and State laws and
policies of the Department governing the provision of mental
health services via telehealth to members of the Armed Forces
and their dependents.
(2) An explanation of any challenges experienced by members
of the Armed Forces and their dependents in receiving
continuing care from a provider when assigned to a new State or
location outside the United States.
(3) An assessment of the value of receiving continuing care
from the same mental health provider for various mental health
conditions.
(4) A description of how the Department accommodates
members of the Armed Forces who would benefit from receiving
continuing care from a specific mental health provider.
(5) Such other matters as the Secretary considers relevant.
SEC. 5724. EXPANSION OF DOULA CARE FURNISHED BY DEPARTMENT OF DEFENSE.
The text of section 706 is hereby deemed to read as follows:
``SEC. 706 EXPANSION OF DOULA CARE FURNISHED BY DEPARTMENT OF DEFENSE.
``(a) Expansion of Extramedical Maternal Health Providers
Demonstration Project.--Section 746 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 1073 note) is amended--
``(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
``(2) by inserting after subsection (d) the following new
subsection (e):
```(e) Coverage of Doula Care.--The Secretary may add coverage of
labor doula care to the demonstration project, or reimbursement for
such care, for all beneficiaries under the TRICARE program, including
access--
```(1) by members of the Armed Forces on active duty;
```(2) by beneficiaries outside the continental United
States; and
```(3) at military medical treatment facilities.'.
``(b) Hiring of Doulas.--The hiring authority for each military
medical treatment facility may hire a team of doulas to work in
coordination with lactation support personnel or labor and delivery
units at such facility.''.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle D--Small Business Matters
SEC. 5841. COMPETITION OF SMALL BUSINESS CONCERNS FOR DEPARTMENT OF
DEFENSE CONTRACTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
ensuring that covered small businesses are better able to compete for
Department of Defense contracts.
(b) Exemptions From Capability Requirements.--
(1) Waiver authority.--The guidance issued under subsection
(a) shall provide that the Department of Defense may waive
capability requirements, including the waiver described in
paragraph (2), to allow a covered small business that does not
otherwise meet such requirements to bid on a contract, provided
that it makes the certification described under paragraph (3).
(2) Special consideration to provide interim access to
classified information for department of defense contractors
without security clearances.--Notwithstanding section 801 of
the National Security Act of 1947 (50 U.S.C. 3161) and the
procedures established pursuant to such section, the Secretary
of Defense may issue a waiver providing a covered small
business that has not been determined eligible to access
classified information pursuant to such procedures interim
access to classified information under such terms and
conditions as the Secretary considers appropriate.
(3) Certification requirement.-- In order to qualify for a
waiver under paragraph (1), a covered small business shall
certify that it will be able to meet the exempted capability
requirements within 180 days after the contract award date. The
certification shall include a detailed project and financial
plan outlining the tasks to be completed, milestones to be
achieved, and resources required.
(4) Monitoring and compliance.--
(A) In general.--The contracting officer for a
contract awarded pursuant to a waiver under paragraph
(1) shall closely monitor the contract performance of
the covered small business to ensure that sufficient
progress is being made and that any issues that arise
are promptly addressed.
(B) Failure to meet capability requirements.--If a
covered small business awarded a contract pursuant to a
waiver under paragraph (1) fails to meet the
requirements promised in the certification required
under paragraph (3) within 180 days, the covered small
business shall be subject to disqualification from
consideration for future contracts of similar scope
pursuant to ``Termination for Default'' provisions
under subpart 49.4 of the Federal Acquisition
Regulation.
(c) Covered Small Business Defined.--In this section, the term
``covered small business'' means--
(1) a nontraditional defense contractor, as that term is
defined in section 3014 of title 10, United States Code;
(2) a small business concern, as that term is defined in
section 3(a) of the Small Business Act (15 U.S.C. 632(a)); and
(3) any other contractor that has not been awarded a
Department of Defense contract in the five-year period
preceding the solicitation of sources by the Department of
Defense.
Subtitle E--Other Matters
SEC. 5851. BRIEFING ON THE REDESIGNATION OF NATIONAL SERIAL NUMBER
(NSN) PARTS AS PROPRIETARY.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall provide a briefing to the congressional
defense committees identifying which National Serial Number (NSN) parts
in the Defense Logistics Agency system have had their designation
changed to proprietary over the previous 5 years, including a
description of which parts were, or continue to be, produced by small
businesses before the proprietary designation was applied, and the
justification for the changes in designation.
TITLE LX--OTHER MATTERS
Subtitle D--Counterterrorism
SEC. 6031. ESTABLISHING A COORDINATOR FOR COUNTERING MEXICO'S CRIMINAL
CARTELS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President, in consultation with the
Secretary of Defense, the Secretary of State, the Secretary of Homeland
Security, the Attorney General, and the Secretary of the Treasury,
shall designate an existing official within the executive branch to
serve as senior-level coordinator to coordinate, in conjunction with
other relevant agencies, all defense, diplomatic, intelligence,
financial, and legal efforts to counter the drug- and human-trafficking
activities of Mexico's criminal cartels.
(b) Retention of Authority.--The designation of a coordinator under
subsection (a) shall not deprive any agency of any authority to
independently perform functions of that agency.
(c) Quarterly Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 90 days thereafter through
January 31, 2029, the coordinator designated under subsection
(a) shall submit to the appropriate committees of Congress a
detailed report on the following:
(A) Efforts taken during the previous quarter to
bolster defense cooperation with the Government of
Mexico against Mexico's criminal cartels, and any other
activities of the Department of Defense with respect to
countering the cartels, including in cooperation with
the Government of Mexico or interagency partners.
(B) Diplomatic efforts, including numbers of
demarches and meetings, taken during the previous
quarter to highlight and counter the human rights
abuses of Mexico's criminal cartels, including human
trafficking, sex trafficking, other exploitation of
migrants, endangerment of children, and other abuses.
(C) Diplomatic efforts taken during the previous
quarter to improve cooperation with the Government of
Mexico in countering Mexico's criminal cartels, and a
detailed list and assessment of any actions that the
Government of Mexico has taken during the previous
quarter to counter the cartels.
(D) Diplomatic efforts taken during the previous
quarter to improve cooperation with partners and allies
in countering Mexico's criminal cartels.
(E) Efforts taken during the previous quarter to
bolster the screening process at ports of entry to
prevent members and associates of Mexico's criminal
cartels, and individuals who are working for the
cartels, from entering or trafficking drugs, humans,
and contraband into the United States.
(F) Efforts taken during the previous quarter to
encourage the Government of Mexico to improve its
screening process along its own ports of entry in order
to prevent illicit cash, weapons, and contraband that
is destined for Mexico's criminal cartels from entering
Mexico.
(G) Efforts taken during the previous quarter to
investigate and prosecute members and associates of
Mexico's criminal cartels, including members and
associates operating from within the United States.
(H) Efforts taken during the previous quarter to
encourage the Government of Mexico to increase its
investigation and prosecution of leaders, members, and
associates of Mexcio's criminal cartels within Mexico.
(I) Efforts taken during the previous quarter to
initiate or improve the sharing of intelligence with
allies and partners, including the Government of
Mexico, for the purpose of countering Mexico's criminal
cartels.
(J) Efforts taken during the previous quarter to
impose sanctions with respect to--
(i) leaders, members, and associates of
Mexico's criminal cartels; and
(ii) any companies, banks, or other
institutions that facilitate the cartels'
human-trafficking, drug-trafficking, and other
criminal enterprises.
(K) The total number of personnel and resources in
the Department of Defense, the Department of State, the
Department of Homeland Security, the Department of
Justice, and the Department of the Treasury focused on
countering Mexico's criminal cartels.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on the Judiciary,
the Committee on Homeland Security and Governmental
Affairs, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on the Judiciary, the
Committee on Homeland Security, and the Committee on
Financial Services of the House of Representatives.
(2) Mexico's criminal cartels.--The term ``Mexico's
criminal cartels'' means the following:
(A) Criminal organizations the operations of which
include human-trafficking, drug-trafficking, and other
types of smuggling operations across the southwest
border of the United States and take place largely
within Mexico, including the following:
(i) The Sinaloa Cartel.
(ii) The Jalisco New Generation Cartel.
(iii) The Gulf Cartel.
(iv) The Los Zetas Cartel.
(v) The Northeast Cartel.
(vi) The Juarez Cartel.
(vii) The Tijuana Cartel.
(viii) The Beltran-Leyva Cartel.
(ix) The La Familia Michoacana, also known
as the Knights Templar Cartel.
(x) Las Moicas.
(xi) La Empresa Nueva.
(xii) MS-13.
(xiii) The Medellin Cartel.
(B) Any successor organization to an organization
described in subparagraph (A).
Subtitle F--Studies and Reports
SEC. 6051. REPORT ON FOOD PURCHASING BY THE DEPARTMENT OF DEFENSE.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives and make
publicly available on the website of the Department of Defense a report
on the following for each of fiscal years 2018, 2019, 2020, 2021, and
2022:
(1) The total dollar amount spent by the Department of
Defense on food service operations worldwide for all personnel,
contractors, and families, including all food service provided
at or through--
(A) all facilities, such as combat operations,
military posts, medical facilities;
(B) all vessels (air, land, and sea);
(C) all entertainment and hosting operations such
as officers' clubs and other such facilities; and
(D) all food programs provided to other Federal
agencies, such as the Fresh Fruit and Vegetable Program
of the Department of Agriculture and the Department of
Defense.
(2) The total dollar amount spent by the Department for
each category described in paragraph (1).
(3) The dollar amount spend by the Department for each of--
(A) the 25 largest food service contractors or
operators; and
(B) the top 10 categories of food, such as meat and
poultry, seafood, eggs, dairy product, produce (fruits,
vegetables, and nuts), grains and legumes, and
processed and packaged foods.
(4) The percentage of all food purchased by the Department
that was a product of the United States, pursuant to section
4862 of title 10, United States Code.
(5) The dollar amount of third-party certified and verified
foods (such as USDA Organic, Equitable Food Initiative, Fair
Trade Certified, and other categories determined to be
appropriate by the Secretary) purchased by the Department.
(6) The dollar amount of contracts for food service, food,
or food products entered into by the Department with woman-,
minority-, and veteran-owned businesses.
Subtitle G--Other Matters
SEC. 6071. IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS-DEPARTMENT OF
DEFENSE JOINT EXECUTIVE COMMITTEE.
(a) Short Title.--This section may be cited as the ``Ensuring
Interagency Cooperation to Support Veterans Act of 2023''.
(b) In General.--Section 320 of title 38, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following
new subparagraphs:
``(C) the Assistant Secretary of Labor for Veterans'
Employment and Training and such other officers and employees
of the Department of Labor as the Secretary of Labor may
designate; and
``(D) such officers and employees of other Executive
agencies as the Secretary of Veterans Affairs and the Secretary
of Defense jointly determine, with the consent of the heads of
the Executive agencies of such officers and employees,
necessary to carry out the goals and objectives of the
Committee.'';
(B) by adding at the end the following new
paragraph:
``(3) The co-chairs of the Committee are the Deputy Secretary of
Veterans Affairs and the Under Secretary of Defense for Personnel and
Readiness.'';
(2) in subsection (b)(2), by striking ``Job Training and
Post-Service Placement Executive Committee'' and inserting
``Transition Executive Committee'';
(3) in subsection (d), by adding at the end the following
new paragraph:
``(6) Develop, implement, and oversee such other joint
actions, initiatives, programs, and policies as the two
Secretaries determine appropriate and consistent with the
purpose of the Committee.''; and
(4) in subsection (e)--
(A) in the subsection heading, by striking ``Job
Training and Post-Service Placement'' and inserting
``Transition'';
(B) in the matter before paragraph (1)--
(i) by striking ``Job Training and Post-
Service Placement'' and inserting
``Transition'';
(ii) by inserting ``, in addition to such
other activities as may assigned to the
committee under subsection (d)(6)'' after
``shall''; and
(C) in paragraph (2), by inserting ``, transition
from life in the Armed Forces to civilian life,'' after
``job training''.
SEC. 6072. GRAVE MARKERS AT SANTA FE NATIONAL CEMETERY, NEW MEXICO.
(a) In General.--Section 612 of the Veterans Millennium Health Care
and Benefits Act (38 U.S.C. 2404 note; Public Law 106-117) is repealed.
(b) Study Required.--The Secretary of Veterans Affairs shall
conduct a study on the cost to replace the flat grave markers that were
provided under such section at the Santa Fe National Cemetery, New
Mexico, with upright grave markers.
SEC. 6073. MODIFICATION OF COMPENSATION FOR MEMBERS OF THE AFGHANISTAN
WAR COMMISSION.
Section 1094(g)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1942) is amended to read
as follows:
``(1) Compensation of members.--
``(A) Non-federal employees.--A member of the
Commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the
Commission.
``(B) Federal employees.--
``(i) In general.--A member of the
Commission who is an employee of the Federal
Government may be compensated as provided for
under subparagraph (a) for periods of time
during which the member is engaged in the
performance of the duties of the Commission
that fall outside of ordinary agency working
hours, as determined by the employing agency of
such member.
``(ii) Rule of construction.--Nothing in
this paragraph shall be construed to authorize
dual pay for work performed on behalf of the
Commission and for a Federal agency during the
same hours of the same day.''.
SEC. 6074. RED HILL HEALTH IMPACTS.
(a) Registry for Impacted Individuals of the Red Hill Incident.--
(1) Establishment of registry.--The Secretary of Health and
Human Services (referred to in this subsection as the
``Secretary'') shall establish within the Agency for Toxic
Substances and Disease Registry or the Centers for Disease
Control and Prevention or through an award of a grant or
contract, as the Secretary determines appropriate, a Red Hill
Incident exposure registry to collect data on health
implications of petroleum contaminated water for impacted
individuals on a voluntary basis. Such registry shall be
complementary to, and not duplicative of, the Red Hill Incident
Report of the Defense Occupational and Environmental Health
Readiness System.
(2) Other responsibilities.--
(A) In general.--The Secretary, in coordination
with the Director of the Centers for Disease Control
and Prevention, and in consultation with the Secretary
of Defense, the Secretary of Veterans Affairs, and such
State and local authorities or other partners as the
Secretary of Health and Human Services considers
appropriate, shall--
(i) review the Federal programs and
services available to individuals exposed to
petroleum;
(ii) review current research on petroleum
exposure in order to identify additional
research needs; and
(iii) undertake any other review or
activities that the Secretary determines to be
appropriate.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter for 6
additional years, the Secretary shall submit to the
appropriate congressional committees a report on the
review and activities undertaken under subparagraph (A)
that includes--
(i) strategies for communicating and
engaging with stakeholders on the Red Hill
Incident;
(ii) the number of impacted and potentially
impacted individuals enrolled in the registry
established under paragraph (1);
(iii) measures and frequency of follow-up
to collect data and specimens related to
exposure, health, and developmental milestones
as appropriate; and
(iv) a summary of data and analyses on
exposure, health, and developmental milestones
for impacted individuals.
(C) Consultation.--In carrying out subparagraphs
(A) and (B), the Secretary shall consult with non-
Federal experts, including individuals with
certification in epidemiology, toxicology, mental
health, pediatrics, and environmental health, and
members of the impacted community.
(3) Funding.--Without regard to section 2215 of title 10,
United States Code, the Secretary of the Defense is authorized
to provide, from amounts made available to such Secretary, such
sums as may be necessary for each of fiscal years 2024 through
2030 for the Secretary of Health and Human Services to carry
out this subsection.
(b) Red Hill Epidemiological Health Outcomes Study.--
(1) Contracts.--The Secretary of Health and Human Services
may contract with independent research institutes or
consultants, nonprofit or public entities, laboratories, or
medical schools, as the Secretary considers appropriate, that
are not part of the Federal Government to assist with the
feasibility assessment required by paragraph (2).
(2) Feasibility assessment.--Not later than one year after
the date of the enactment of this Act, the Secretary of Health
and Human Services shall submit to the appropriate
congressional committees the results of a feasibility
assessment to inform the design of the epidemiological study or
studies to assess health outcomes for impacted individuals,
which may include--
(A) a strategy to recruit impacted individuals to
participate in the study or studies, including
incentives for participation;
(B) a description of protocols and methodologies to
assess health outcomes from the Red Hill Incident,
including data management protocols to secure the
privacy and security of the personal information of
impacted individuals; and
(C) the periodicity for data collection that takes
into account the differences between health care
practices among impacted individuals who are--
(i) members of the Armed Forces on active
duty or spouses or dependents of such members;
(ii) members of the Armed Forces separating
from active duty or spouses or dependents of
such members;
(iii) veterans and other individuals with
access to health care from the Department of
Veterans Affairs; and
(iv) individuals without access to health
care from the Department of Defense or the
Department of Veterans Affairs;
(D) a description of methodologies to analyze data
received from the study or studies to determine
possible connections between exposure to water
contaminated during the Red Hill Incident and adverse
impacts to the health of impacted individuals;
(E) an identification of exposures resulting from
the Red Hill Incident that may qualify individuals to
be eligible for participation in the study or studies
as a result of those exposures; and
(F) steps that will be taken to provide individuals
impacted by the Red Hill Incident with information on
available resources and services.
(3) Notifications; briefings.--Not later than one year
after the completion of the feasibility assessment under
paragraph (2), the Secretary of Health and Human Services
shall--
(A) notify impacted individuals on the interim
findings of the study or studies; and
(B) brief the appropriate congressional committees
on the interim findings of the study or studies.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(B) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(C) the Committee on Veterans' Affairs of the
Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives;
(E) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(F) the Committee on Veterans' Affairs of the House
of Representatives.
(2) Impacted individual.--The term ``impacted individual''
means an individual who, at the time of the Red Hill Incident,
lived or worked in a building or residence served by the
community water system at Joint Base Pearl Harbor-Hickam, Oahu,
Hawaii.
(3) Red hill incident.--The term ``Red Hill Incident''
means the release of fuel from the Red Hill Bulk Fuel Storage
Facility, Oahu, Hawaii, into the sole-source basal aquifer
located 100 feet below the facility, contaminating the
community water system at Joint Base Pearl Harbor-Hickam on
November 20, 2021.
SEC. 6075. PERMANENT AUTHORIZATION OF UNDETECTABLE FIREARMS ACT OF
1988.
Section 2(f) of the Undetectable Firearms Act of 1988 (18 U.S.C.
922 note; Public Law 100-649) is amended--
(1) by striking ``Effective Date and Sunset Provision'' and
all that follows through ``This Act and the amendments'' and
inserting the following: ``Effective Date.--This Act and the
amendments''; and
(2) by striking paragraph (2).
SEC. 6076. SENSE OF CONGRESS ON THE IMPORTANCE OF NON-GOVERNMENTAL
RECOGNITION OF MILITARY ENLISTEES TO IMPROVE COMMUNITY
SUPPORT FOR MILITARY RECRUITMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) publicly honoring and recognizing the young men and
women who upon graduation from high-school enlist to serve in
the Armed Forces is a meaningful way to indicate national and
local support for those enlistees prior to initial accession
training, express gratitude to their families, and enhance the
partnerships between military recruiters and high school
administrators and guidance counselors;
(2) the intrinsic value of these community ceremonies
should be formally recognized by the Office of the Secretary of
Defense and the various military service recruiting commands;
and
(3) to the extent practicable, an appropriate level of
joint military service support should be provided at these
events, to include general officer and senior enlisted adviser
participation, ceremonial unit involvement, musical support,
and local recruiter presence.
(b) Briefing.--Not later than March 23, 2024, the Secretary of
Defense shall brief the congressional defense committees on the extent
of Department of Defense and military service coordination and support
rendered for the recognition events described in subsection (a), which
are executed at no cost to the Federal Government under the
independent, national direction of the ``Our Community Salutes''
organization, a registered 501(c)(3) organization.
SEC. 6077. ADJUSTMENT OF THRESHOLD AMOUNT FOR MINOR MEDICAL FACILITY
PROJECTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Short Title.--This section may be cited as the ``Department of
Veterans Affairs Minor Construction Threshold Adjustment Act of 2023''.
(b) Adjustment of Threshold Amount.--Section 8104(a) of title 38,
United States Code, is amended--
(1) in paragraph (3)(A), by striking ``$20,000,000'' each
place it appears and inserting ``the amount specified in
paragraph (4)''; and
(2) by adding at the end the following new paragraph:
``(4)(A) The amount specified in this paragraph is $30,000,000, as
adjusted pursuant to this paragraph.
``(B)(i) The Secretary shall develop, through regulations, a
mechanism to adjust the amount under subparagraph (A) to account for
relevant factors relating to construction, cost of land, real estate,
economic conditions, labor conditions, inflation, and other relevant
factors the Secretary considers necessary to ensure such amount keeps
pace with all economic conditions that impact the price of construction
projects, to include planning, management, and delivery of the project.
``(ii) In developing the mechanism under clause (i), the Secretary
may--
``(I) use a mechanism or index already relied upon by the
Department for other relevant programs, a mechanism or index
used by another Federal agency, or a commercial mechanism or
index if such mechanism or index satisfactorily addresses the
intent of this subparagraph; or
``(II) create a new mechanism or index if the Secretary
considers it appropriate and necessary to do so.
``(C)(i) Not less frequently than once every two years, the
Secretary shall--
``(I) adjust the amount under subparagraph (A); or
``(II) publish a notice in the Federal Register indicating
that no adjustment is warranted.
``(ii) Not later than 30 days before adjusting an amount pursuant
to clause (i)(I) or publishing a notice pursuant to clause (i)(II), the
Secretary shall notify the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate and the Committee on
Veterans' Affairs and the Committee on Appropriations of the House of
Representatives.
``(D) The Secretary shall determine a logical schedule for
adjustments under this paragraph to take effect so that the amounts for
and types of construction projects requested by the Department in the
budget of the President under section 1105(a) of title 31 are
consistent with the threshold for construction projects as so
adjusted.''.
SEC. 6078. DESIGNATION OF NATIONAL MUSEUM OF THE MIGHTY EIGHTH AIR
FORCE.
(a) Designation.--The National Museum of the Mighty Eighth Air
Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor
location), is designated as the official National Museum of the Mighty
Eighth Air Force of the United States (referred to in this section as
the ``National Museum'').
(b) Relation to National Park System.--The National Museum shall
not be included as a unit of the National Park System.
(c) Rule of Construction.--This section shall not be construed to
appropriate, or authorize the appropriation of, Federal funds for any
purpose related to the National Museum.
SEC. 6079. REVISION OF REQUIREMENT FOR TRANSFER OF CERTAIN AIRCRAFT TO
STATE OF CALIFORNIA FOR WILDFIRE SUPPRESSION PURPOSES.
(a) Transfer of Excess Coast Guard HC-130H Aircraft.--
(1) Transfer to state of california.--If the Governor of
the State of California submits to the Secretary of Homeland
Security a written request to acquire, pursuant to this
section, the Federal property described in this paragraph, the
Secretary of Homeland Security shall transfer to the State of
California without reimbursement--
(A) all right, title, and interest of the United
States in and to the seven HC-130H aircraft specified
in paragraph (2); and
(B) initial spares (calculated based on shelf stock
support for seven HC-130H aircraft each flying 400
hours each year) and necessary ground support equipment
for such aircraft.
(2) Aircraft specified.--The aircraft specified in this
paragraph are the HC-130H Coast Guard aircraft with serial
numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721.
(3) Timing; failure to submit request.--
(A) In general.--The transfers under paragraph (1)
shall be made as soon as practicable after the date on
which the Secretary of Homeland Security receives a
request under such paragraph.
(B) Failure to submit request.--If the Governor of
the State of California fails to submit a request under
paragraph (1) before the date that is 120 days after
the date of the enactment of this Act--
(i) paragraph (1) shall have no force or
effect; and
(ii) the Secretary of Homeland Security may
retain title and disposition of the Federal
property described in paragraph (1).
(4) Modifications.--
(A) In general.--Except as provided in subparagraph
(B), the transfers under paragraph (1) may be carried
out without further modifications by the United States
to the aircraft transferred under such paragraph.
(B) Demilitarized.--Before an aircraft may be
transferred under paragraph (1), the aircraft shall be
demilitarized as determined necessary by the Secretary
of Homeland Security.
(b) Conditions of Transfer.--Aircraft transferred to the State of
California under subsection (a)(1)--
(1) may be used only for wildfire suppression purposes;
(2) may not be flown outside of, or otherwise removed from,
the United States unless dispatched by the National Interagency
Fire Center in support of an international agreement to assist
in wildfire suppression efforts or for other disaster-related
response purposes approved by the Governor of the State of
California in writing in advance;
(3) may be used for wildfire suppression purposes only
after the aircraft is modified to conform with the standards
and requirements for firefighting aircraft set forth by the
National Interagency Aviation Committee and the Interagency
Airtanker Board; and
(4) may only be disposed of by the State of California
pursuant to the statutes and regulations governing disposal of
aircraft provided to the State of California through the
Federal Excess Personal Property Program.
(c) Transfer of Residual Kits and Parts Held by Air Force.--The
Secretary of the Air Force may transfer to the State of California,
without reimbursement, any residual kits and parts held by the
Secretary of the Air Force that were procured in anticipation of the
transfer to the Secretary of the Air Force of the aircraft specified in
subsection (a)(2).
(d) Costs After Transfer.--Any costs of operation, maintenance,
sustainment, and disposal of aircraft, initial spares, and ground
support equipment transferred to the Governor of the State of
California under this section that are incurred after the date of
transfer shall be borne by the Governor of the State of California.
(e) Conforming Amendments.--
(1) Section 1098 of fiscal year 2014 ndaa.--Section 1098 of
the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 881), as amended by section 1083
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1989), is
amended--
(A) by striking subsection (a);
(B) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``and subject to the
certification requirement under subsection (f),'';
(C) in subsection (c), by striking ``or the
Governor of California'' each place it appears;
(D) in subsection (e), in the matter preceding
paragraph (1)--
(i) by striking ``Promptly following the
completion of the certification requirement
under subsection (f) and notwithstanding'' and
inserting ``Notwithstanding''; and
(ii) by striking ``begin''; and
(E) by striking subsection (f).
(2) Section 1083 of fiscal year 2019 ndaa.--Section 1083 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1989) is
repealed.
SEC. 6080. EXTENSION OF ACTIVE DUTY TERM FOR ATTENDING PHYSICIAN AT
UNITED STATES CAPITOL.
The present incumbent Attending Physician at the United States
Capitol shall be continued on active duty until 10 years after the date
of the enactment of this Act.
SEC. 6081. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL
STOCKHOLDERS.
(a) In General.--Section 16(a)(1) of the Securities Exchange Act of
1934 (15 U.S.C. 78p(a)(1)) is amended by inserting ``(including any
such security of a foreign private issuer, as that term is defined in
section 240.3b-4 of title 17, Code of Federal Regulations, or any
successor regulation)'' after ``pursuant to section 12''.
(b) Effect on Regulation.--If any provision of section 240.3a12-
3(b) of title 17, Code of Federal Regulations, or any successor
regulation, is inconsistent with the amendment made by subsection (a),
that provision of such section 240.3a12-3(b) (or such successor) shall
have no force or effect.
(c) Issuance or Amendment of Regulations.--Not later than 90 days
after the date of enactment of this Act, the Securities and Exchange
Commission shall issue final regulations (or amend existing regulations
of the Commission) to carry out the amendment made by subsection (a).
SEC. 6082. PREVENTING CHILD SEX ABUSE.
(a) Short Title.--This section may be cited as the ``Preventing
Child Sex Abuse Act of 2023''.
(b) Sense of Congress.--The sense of Congress is the following:
(1) The safety of children should be a top priority for
public officials and communities in the United States.
(2) According to the Rape, Abuse & Incest National Network,
an individual in the United States is sexually assaulted every
68 seconds. And every 9 minutes, that victim is a child.
Meanwhile, only 25 out of every 1,000 perpetrators will end up
in prison.
(3) The effects of child sexual abuse can be long-lasting
and affect the victim's mental health.
(4) Victims are more likely than non-victims to experience
the following mental health challenges:
(A) Victims are about 4 times more likely to
develop symptoms of drug abuse.
(B) Victims are about 4 times more likely to
experience post-traumatic stress disorder as adults.
(C) Victims are about 3 times more likely to
experience a major depressive episode as adults.
(5) The criminal justice system should and has acted as an
important line of defense to protect children and hold
perpetrators accountable.
(6) However, the horrific crimes perpetuated by Larry
Nassar demonstrate firsthand the loopholes that still exist in
the criminal justice system. While Larry Nassar was found
guilty of several State-level offenses, he was not charged
federally for his illicit sexual contact with minors, despite
crossing State and international borders to commit this
conduct.
(7) The Department of Justice has also identified a growing
trend of Americans who use charitable or missionary work in a
foreign country as a cover for sexual abuse of children.
(8) It is the intent of Congress to prohibit Americans from
engaging in sexual abuse or exploitation of minors under the
guise of work, including volunteer work, with an organization
that affects interstate or foreign commerce, such as an
international charity.
(9) Federal law does not require that an abuser's intention
to engage in sexual abuse be a primary, significant, dominant,
or motivating purpose of the travel.
(10) Child sexual abuse does not require physical contact
between the abuser and the child. This is especially true as
perpetrators turn increasingly to internet platforms, online
chat rooms, and webcams to commit child sexual abuse.
(11) However, a decision of the United States Court of
Appeals for the Seventh Circuit found the use of a webcam to
engage in sexually provocative activity with a minor did not
qualify as ``sexual activity''.
(12) Congress can address this issue by amending the
definition of the term ``sexual activity'' to clarify that it
does not require interpersonal, physical contact.
(13) It is the duty of Congress to provide clearer guidance
to ensure that those who commit crimes against children are
prosecuted to the fullest extent of the law.
(c) Interstate Child Sexual Abuse.--Section 2423 of title 18,
United States Code, is amended--
(1) in subsection (b), by striking ``with a motivating
purpose of engaging in any illicit sexual conduct with another
person'' and inserting ``with intent to engage in any illicit
sexual conduct with another person'';
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (i), respectively;
(3) in subsection (e), as so redesignated, by striking
``with a motivating purpose of engaging in any illicit sexual
conduct'' and inserting ``with intent to engage in any illicit
sexual conduct''; and
(4) by inserting after subsection (g), as so redesignated,
the following:
``(h) Rule of Construction.--As used in this section, the term
`intent' shall be construed as any intention to engage in illicit
sexual conduct at the time of the travel.''.
(d) Abuse Under the Guise of Charity.--Section 2423 of title 18,
United States Code, as amended by subsection (c) of this section, is
amended--
(1) by inserting after subsection (c) the following:
``(d) Illicit Sexual Conduct in Connection With Certain
Organizations.--Any citizen of the United States or alien admitted for
permanent residence who--
``(1) is an officer, director, employee, or agent of an
organization that affects interstate or foreign commerce;
``(2) makes use of the mails or any means or
instrumentality of interstate or foreign commerce through the
connection or affiliation of the person with such organization;
and
``(3) commits an act in furtherance of illicit sexual
conduct through the connection or affiliation of the person
with such organization,
shall be fined under this title, imprisoned for not more than 30 years,
or both.'';
(2) in subsection (f), as so redesignated, by striking ``or
(d)'' and inserting ``(d), or (e)''; and
(3) in subsection (i), as so redesignated, by striking
``(f)(2)'' and inserting ``(g)(2)''.
(e) Sexual Activity With Minors.--Section 2427 of title 18, United
States Code, is amended by inserting ``does not require interpersonal
physical contact, and'' before ``includes''.
SEC. 6083. SENATE NATIONAL SECURITY WORKING GROUP.
(a) In General.--Section 21 of Senate Resolution 64 (113th
Congress), agreed to March 5, 2013, is amended by striking subsection
(d).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as though enacted on December 31, 2022.
SEC. 6084. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR
NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED.
(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1503 the following:
``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.
``Sec. 150401 Organization
``The National American Indian Veterans, Incorporated, a nonprofit
corporation organized in the United States (referred to in this chapter
as the `corporation'), is a federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in the articles
of incorporation, constitution, and bylaws of the corporation, and
include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American Indian
Nations;
``(2) to unite under one body all American Indian veterans
who served in the Armed Forces of United States;
``(3) to be an advocate on behalf of all American Indian
veterans without regard to whether they served during times of
peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, and cultural values and traditional
healing) in the United States by encouraging the growth and
development, readjustment, self-respect, self-confidence,
contributions, and self-identity of American Indian veterans;
``(5) to serve as an advocate for the needs of American
Indian veterans and their families and survivors in their
dealings with all Federal and State government agencies;
``(6) to promote, support, and utilize research, on a
nonpartisan basis, pertaining to the relationship between
American Indian veterans and American society; and
``(7) to provide technical assistance to the Bureau of
Indian Affairs regional areas that are not served by any
veterans committee or organization or program by--
``(A) providing outreach service to Indian Tribes
in need; and
``(B) training and educating Tribal Veterans
Service Officers for Indian Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406, eligibility for membership in the
corporation, and the rights and privileges of members, shall be as
provided in the constitution and bylaws of the corporation.
``Sec. 150404. Board of directors
``Subject to section 150406, the board of directors of the
corporation, and the responsibilities of the board, shall be as
provided in the constitution and bylaws of the corporation and in
conformity with the laws under which the corporation is incorporated.
``Sec. 150405. Officers
``Subject to section 150406, the officers of the corporation, and
the election of such officers, shall be as provided in the constitution
and bylaws of the corporation and in conformity with the laws of the
jurisdiction under which the corporation is incorporated.
``Sec. 150406. Nondiscrimination
``In establishing the conditions of membership in the corporation,
and in determining the requirements for serving on the board of
directors or as an officer of the corporation, the corporation may not
discriminate on the basis of race, color, religion, sex, national
origin, handicap, or age.
``Sec. 150407. Powers
``The corporation shall have only those powers granted the
corporation through its articles of incorporation, constitution, and
bylaws, which shall conform to the laws of the jurisdiction under which
the corporation is incorporated.
``Sec. 150408. Exclusive right to name, seals, emblems, and badges
``(a) In General.--The corporation shall have the sole and
exclusive right to use the names `National American Indian Veterans,
Incorporated' and `National American Indian Veterans', and such seals,
emblems, and badges as the corporation may lawfully adopt.
``(b) Effect.--Nothing in this section interferes or conflicts with
any established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation may not--
``(1) issue any shares of stock; or
``(2) declare or pay any dividends.
``(b) Distribution of Income or Assets.--
``(1) In general.--The income or assets of the corporation
may not--
``(A) inure to any person who is a member, officer,
or director of the corporation; or
``(B) be distributed to any such person during the
life of the charter granted by this chapter.
``(2) Effect.--Nothing in this subsection prevents the
payment of reasonable compensation to the officers of the
corporation, or reimbursement for actual and necessary
expenses, in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make any loan to any officer,
director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation may not claim
congressional approval or Federal Government authority by virtue of the
charter granted by this chapter for any of the activities of the
corporation.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986.
``Sec. 150411. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of accounts;
``(2) minutes of any proceeding of the corporation
involving any of member of the corporation, the board of
directors, or any committee having authority under the board of
directors; and
``(3) at the principal office of the corporation, a record
of the names and addresses of all members of the corporation
having the right to vote.
``(b) Inspection.--
``(1) In general.--All books and records of the corporation
may be inspected by any member having the right to vote, or by
any agent or attorney of such a member, for any proper purpose,
at any reasonable time.
``(2) Effect.--Nothing in this section contravenes--
``(A) the laws of the jurisdiction under which the
corporation is incorporated; or
``(B) the laws of those jurisdictions within the
United States and its territories within which the
corporation carries out activities in furtherance of
the purposes of the corporation.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall comply
with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
``(2) those jurisdictions within the United States and its
territories within which the corporation carries out activities
in furtherance of the purposes of the corporation.
``Sec. 150413. Liability for acts of officers and agents
``The corporation shall be liable for the acts of the officers and
agents of the corporation acting within the scope of their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the requirements
of this chapter, including the requirement under section 150410 to
maintain its status as an organization exempt from taxation, the
charter granted by this chapter shall expire.
``Sec. 150415. Annual report
``(a) In General.--The corporation shall submit to Congress an
annual report describing the activities of the corporation during the
preceding fiscal year.
``(b) Submittal Date.--Each annual report under this section shall
be submitted at the same time as the report of the audit of the
corporation required by section 10101(b).
``(c) Report Not Public Document.--No annual report under this
section shall be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 36, United States Code, is amended by inserting after the item
relating to chapter 1503 the following:
``1504. National American Indian Veterans, Incorporated..... 150401''.
Subtitle H--Granting Recognition to Accomplished Talented Employees for
Unwavering Loyalty Act
SEC. 6091. SHORT TITLE.
This subtitle may be cited as the ``Granting Recognition to
Accomplished Talented Employees for Unwavering Loyalty Act'' or
``GRATEFUL Act''.
SEC. 6092. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) In 1952, with the enactment of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), Congress established
an immigrant visa program to reward foreign nationals who are
United States Government employees for their service to the
United States (referred to in this Act as the ``Government
Employee Immigrant Visa program'').
(2) For 71 years, the Government Employee Immigrant Visa
program has allowed foreign nationals with at least 15 years of
exceptional service to the United States to immigrate to the
United States with their families.
(3) Such foreign national employees of the United States
Government are the bulwark of United States foreign policy,
risking their lives year after year through civil unrest,
terrorism, natural disasters, and war.
(4) The work of such foreign nationals--
(A) ensures the safety and well-being of United
States citizens;
(B) provides security and logistics for visiting
delegations; and
(C) supports United States Government operations
abroad.
(5) Such foreign nationals include employees of the
Department of State, the United States Agency for International
Development, the Department of Defense, the Department of
Homeland Security, the Department of Justice, the Department of
Commerce, and the Department of Agriculture.
(b) Sense of Congress.--It is the sense of Congress that the United
States should preserve the immigrant visa program for foreign nationals
who are employees of the United States Government abroad or of the
American Institute in Taiwan, and who have provided exceptional service
over a long term to the United States, by providing a dedicated
allocation of visas for such employees and their immediate family
members when visas are not immediately available in the corresponding
visa category.
SEC. 6093. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE IMMIGRANT VISA
PROGRAM.
(a) In General.--Beginning in fiscal year 2024, subject to
subsection (b), visas shall be made available to a special immigrant
described in section 101(a)(27)(D) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately available
for issuance to the special immigrant under section 203(b)(4) of that
Act (8 U.S.C. 1153(b)(4)).
(b) Numerical Limitations.--
(1) Fiscal year 2024.--For fiscal year 2024, not more than
3,500 visas shall be made available under subsection (a).
(2) Subsequent fiscal years.--For fiscal year 2025 and each
fiscal year thereafter, not more than 3,000 visas shall be made
available under subsection (a).
(c) Temporary Reduction in Diversity Visas.--Section 203(d)(2) of
the Nicaraguan Adjustment and Central America Relief Act (8 U.S.C. 1151
note; Public Law 105-100) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which--
``(A) the sum of--
``(i) one-half of the total number of individuals
described in subclauses (I), (II), (III), and (IV) of
section 309(c)(5)(C)(i) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note; Public Law 104-208) who have adjusted
their status to that of aliens lawfully admitted for
permanent residence under section 202 of the Nicaraguan
Adjustment and Central American Relief Act (Public Law
105-100; 8 U.S.C. 1255 note) as of the end of the
previous fiscal year; and
``(ii) the total number of individuals described in
section 101(a)(27)(D) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(D)) for whom
visas shall be made available for the applicable fiscal
year under section 1093(b) of the Granting Recognition
to Accomplished Talented Employees for Unwavering
Loyalty Act; exceeds
``(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.''; and
(2) by adding at the end the following:
``(3)(A) Paragraph (1) shall not apply in a fiscal year following a
fiscal year for which the total number of aliens described in
subparagraph (B) is zero.
``(B) For a fiscal year, the total number of aliens described in
this subparagraph is the total number of individuals described in
section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(D)) who have been issued visas during the previous fiscal
year under the Granting Recognition to Accomplished Talented Employees
for Unwavering Loyalty Act.
``(C) Nothing in this paragraph may be construed--
``(i) to repeal, modify, or render permanently inapplicable
paragraph (1); or
``(ii) to prevent the offsetting of the number of visas
described in that paragraph for the purpose of providing visa
availability for aliens described in subparagraph (B).
``(4) In the event that the number of visas available for a fiscal
year under section 201(e) of the Immigration and Nationality Act (8
U.S.C. 1151(e)) is reduced to a number fewer than 50,000, not fewer
than 3,000 visas shall be made available for individuals described in
section 1093(a) of the Granting Recognition to Accomplished Talented
Employees for Unwavering Loyalty Act.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to modify the number
of visas available under section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) to special immigrants described
in section 101(a)(27)(D) of that Act (8 U.S.C. 1101(a)(27)(D)).
Subtitle I--Additional Matters Relating to Artificial Intelligence
SEC. 6096. REPORT ON ARTIFICIAL INTELLIGENCE REGULATION IN FINANCIAL
SERVICES INDUSTRY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, each of the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the National Credit Union Administration,
and the Bureau of Consumer Financial Protection shall submit to the
Committee on Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives a
report on its gap in knowledge relating to artificial intelligence,
including an analysis on--
(1) which tasks are most frequently being assisted or
completed with artificial intelligence in the institutions the
agency regulates;
(2) current governance standards in place for artificial
intelligence use at the agency and current standards in place
for artificial intelligence oversight by the agency;
(3) potentially additional regulatory authorities required
by the agency to continue to successfully execute its mission;
(4) where artificial intelligence may lead to overlapping
regulatory issues between agencies that require clarification;
(5) how the agency is currently using artificial
intelligence, how the agency plans to use such artificial
intelligence the next 3 years, and the expected impact,
including fiscal and staffing, of those plans; and
(6) what resources, monetary or other resources, if any,
the agency requires to both adapt to the changes that
artificial intelligence will bring to the regulatory landscape
and to adequately adopt and oversee the use of artificial
intelligence across its operations described in paragraph (5).
(b) Rule of Construction.--Nothing in this section may be construed
to require an agency to include confidential supervisory information or
pre-decisional or deliberative non-public information in a report under
this section.
SEC. 6097. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.
(a) Program for Foundational Artificial Intelligence Products Being
Incorporated by Department of Defense.--
(1) Development required.--Not later than 180 days after
the date of the enactment of this Act and subject to the
availability of appropriations, the Chief Data and Artificial
Intelligence Officer of the Department of Defense shall develop
a bug bounty program for foundational artificial intelligence
models being integrated into Department of Defense missions and
operations.
(2) Collaboration.--In developing the program required by
paragraph (1), the Chief may collaborate with the heads of
other government agencies that have expertise in cybersecurity
and artificial intelligence.
(3) Implementation authorized.--The Chief may carry out the
program developed pursuant to subsection (a).
(4) Contracts.--The Secretary of Defense shall ensure, as
may be appropriate, that whenever the Department of Defense
enters into any contract, the contract allows for participation
in the bug bounty program developed pursuant to paragraph (1).
(5) Rule of construction.--Nothing in this subsection shall
be construed to require--
(A) the use of any foundational artificial
intelligence model; or
(B) the implementation of the program developed
pursuant to paragraph (1) in order for the Department
to incorporate a foundational artificial intelligence
model.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Chief shall provide the congressional
defense committees a briefing on--
(1) the development and implementation of bug bounty
programs the Chief considers relevant to the matters covered by
this section; and
(2) long-term plans of the Chief with respect to such bug
bounty programs.
(c) Definition of Foundational Artificial Intelligence Model.--In
this section, the term ``foundational artificial intelligence model''
means an adaptive generative model that is trained on a broad set of
unlabeled data sets that can be used for different tasks, with minimal
fine-tuning.
SEC. 6098. VULNERABILITY ANALYSIS STUDY FOR ARTIFICIAL INTELLIGENCE-
ENABLED MILITARY APPLICATIONS.
(a) Study Required.--Not later than one year after the date of the
enactment of this Act, the Chief Digital and Artificial Intelligence
Officer (CDAO) of the Department of Defense shall complete a study
analyzing the vulnerabilities to the privacy, security, and accuracy
of, and capacity to assess, artificial intelligence-enabled military
applications, as well as research and development needs for such
applications.
(b) Elements.--The study required by subsection (a) shall cover the
following:
(1) Research and development needs and transition pathways
to advance explainable and interpretable artificial
intelligence-enabled military applications, including the
capability to assess the underlying algorithms and data models
of such applications.
(2) Assessing the potential risks to the privacy, security,
and accuracy of underlying architectures and algorithms of
artificial intelligence-enabled military applications,
including the following:
(A) Individual foundational artificial intelligence
models, including the adequacy of existing testing,
training, and auditing for such models to ensure models
can be properly assessed over time.
(B) The interactions of multiple artificial
intelligence-enabled military applications, and the
ability to detect and assess new, complex, and emergent
behavior amongst individual agents, as well as the
collective impact, including how such changes may
affect risk to privacy, security, and accuracy over
time.
(C) The impact of increased agency in artificial
intelligence-enabled military applications and how such
increased agency may affect the ability to detect and
assess new, complex, and emergent behavior, as well
risks to the privacy, security, and accuracy of such
applications over time.
(3) Assessing the survivability and traceability of
decision support systems that are integrated with artificial
intelligence-enabled military applications and used in a
contested environment, including--
(A) potential benefits and risks to Department of
Defense missions and operations of implementing such
applications; and
(B) other technical or operational constraints to
ensure such decision support systems that are
integrated with artificial intelligence-enabled
military applications are able to adhere to the
Department of Defense Ethical Principles for Artificial
Intelligence.
(4) Identification of existing artificial intelligence
metrics, developmental, testing and audit capabilities,
personnel, and infrastructure within the Department of Defense,
including test and evaluation facilities, needed to enable
ongoing identification and assessment under paragraphs (1)
through (3), and other factors such as--
(A) implications for deterrence systems based on
systems warfare; and
(B) vulnerability to systems confrontation on the
system and system-of-systems level.
(5) Identification of gaps or research needs to
sufficiently respond to the elements outlined in this
subsection that are not currently, or not sufficiently, funded
within the Department of Defense.
(c) Coordination.--In carrying out the study required by subsection
(a), the Chief Digital and Artificial Intelligence Officer shall
coordinate with the following:
(1) The Director of the Defense Advanced Research Projects
Agency (DARPA).
(2) The Under Secretary of Defense for Research and
Evaluation.
(3) The Under Secretary of Defense for Policy.
(4) The Director for Operational Test and Evaluation
(DOT&E) of the Department.
(5) As the Chief Digital and Artificial Intelligence
Officer considers appropriate, the following:
(A) The Secretary of Energy.
(B) The Director of the National Institute of
Standards and Technology.
(C) The Director of the National Science
Foundation.
(D) The head of the National Artificial
Intelligence Initiative Office of the Office of Science
and Technology Policy.
(E) Members and representatives of industry.
(F) Members and representatives of academia.
(d) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Chief Digital and Artificial
Intelligence Officer shall provide the congressional defense committees
a briefing on the interim findings of the Chief Digital and Artificial
Intelligence Officer with respect to the study being conducted pursuant
to subsection (a).
(e) Final Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Chief Digital and Artificial
Intelligence Officer shall submit to the congressional defense
committees a final report on the findings of the Chief Digital
and Artificial Intelligence Officer with respect to the study
conducted pursuant to subsection (a).
(2) Form.--The final report submitted pursuant to paragraph
(1) shall be submitted in unclassified for, but may include a
classified annex.
(f) Definition of Foundational Artificial Intelligence Model.--In
this section, the term ``foundational artificial intelligence model''
means an adaptive generative model that is trained on a broad set of
unlabeled data sets that can be used for different tasks, with minimal
fine-tuning.
SEC. 6099. REPORT ON DATA SHARING AND COORDINATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on ways to improve data
sharing, interoperability, and quality, as may be appropriate, across
the Department of Defense.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) A description of policies, practices, and cultural
barriers that impede data sharing and interoperability, and
lead to data quality issues, among components of the
Department.
(2) The impact a lack of appropriate levels of data
sharing, interoperability, and quality has on Departmental
collaboration, efficiency, interoperability, and joint-
decisionmaking.
(3) A review of current efforts to promote appropriate data
sharing, including to centralize data management, such as the
ADVANA program.
(4) A description of near-, mid-, and long-term efforts
that the Office of the Secretary of Defense plans to implement
to promote data sharing and interoperability, including efforts
to improve data quality.
(5) A detailed plan to implement a data sharing and
interoperability strategy that supports effective development
and employment of artificial intelligence-enabled military
applications.
(6) A detailed assessment of the implementation of the
Department of Defense Data Strategy issued in 2020, as well as
the use of data decrees to improve management rigor in the
Department when it comes to data sharing and interoperability.
(7) Any recommendations for Congress with respect to
assisting the Department in these efforts.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle C--Matters Relating to Europe and the Russian Federation
SEC. 6231. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.
(a) Short Title.--This section may be cited as the ``Black Sea
Security Act of 2023''.
(b) Sense of Congress on Black Sea Security.--It is the sense of
Congress that--
(1) it is in the interest of the United States to support
efforts to prevent the spread of further armed conflict in
Europe by recognizing the Black Sea region as an arena of
Russian aggression;
(2) littoral states of the Black Sea are critical in
countering aggression by the Government of the Russian
Federation and contributing to the collective security of NATO;
(3) the repeated, illegal, unprovoked, and violent attempts
of the Russian Federation to expand its territory and control
access to the Mediterranean Sea through the Black Sea
constitutes a threat to the national security of the United
States and NATO;
(4) the United States condemns attempts by the Russian
Federation to change or alter boundaries in the Black Sea
region by force or any means contrary to international law and
to impose a sphere of influence across the region;
(5) the United States condemns Russia's illegitimate
territorial claims, including those on the Crimean Peninsula,
along Ukraine's territorial waters in the Black Sea and the Sea
of Azov, in the Black Sea's international waters, and in the
territories it is illegally occupying in Ukraine;
(6) the United States should continue to work within NATO
and with NATO allies to develop a long-term strategy to enhance
security, establish a permanent, sustainable presence along
NATO's eastern flank, and bolster the democratic resilience of
its allies and partners in the region;
(7) the United States should consider whether it should
work within NATO and with NATO allies to develop a regular,
rotational maritime presence in the Black Sea;
(8) the United States should work with the European Union
on coordinating a strategy to support democratic initiatives
and economic prosperity in the region, which includes 2
European Union members and 4 European Union aspirant nations;
(9) the United States should work to foster dialogue among
countries within the Black Sea region to improve communication
and intelligence sharing and increase cyber defense
capabilities;
(10) countries with historic and economic ties to Russia
are looking to the United States and Europe to provide a
positive economic presence in the broader region as a
counterbalance to the Russian Federation's malign influence in
the region;
(11) it is in the interest of the United States to support
and bolster the economic ties between the United States and
Black Sea states;
(12) the United States should support the initiative
undertaken by central and eastern European states to advance
the Three Seas Initiative Fund to strengthen transport, energy,
and digital infrastructure connectivity in the region between
the Adriatic Sea, Baltic Sea, and Black Sea;
(13) there are mutually beneficial opportunities for
increased investment and economic expansion, particularly on
energy and transport infrastructure initiatives, between the
United States and Black Sea states and the broader region;
(14) improved economic ties between the United States and
the Black Sea states and the broader region can lead to a
strengthened strategic partnership;
(15) the United States must seek to address the food
security challenges arising from disruption of Ukraine's Black
Sea and Azov Sea ports, as this global challenge will have
critical national security implications for the United States,
our partners, and allies;
(16) Turkey, in coordination with the United Nations, has
played an important role in alleviating global food insecurity
by negotiating two agreements to allow grain exports from
Ukrainian ports through a safe corridor in the Black Sea;
(17) Russia has a brutal history of using hunger as a
weapon and must be stopped; and
(18) countering the PRC's coercive economic pursuits
remains an important policy imperative in order to further
integrate the Black Sea states into western economies and
improve regional stability.
(c) United States Policy.--It is the policy of the United States--
(1) to actively deter the threat of Russia's further
escalation in the Black Sea region and defend freedom of
navigation in the Black Sea to prevent the spread of further
armed conflict in Europe;
(2) to advocate within NATO, among NATO allies, and within
the European Union to develop a long-term coordinated strategy
to enhance security, establish a sustainable presence in the
eastern flank, and bolster the democratic resilience of United
States allies and partners in the region;
(3) to consider whether to advocate within NATO and among
NATO allies to develop a regular, rotational maritime presence
in the Black Sea;
(4) to support and bolster the economic ties between the
United States and Black Sea partners and mobilize the
Department of State, the Department of Defense, and other
relevant Federal departments and agencies by enhancing the
United States presence and investment in Black Sea states;
(5) to provide economic alternatives to the PRC's coercive
economic options that destabilize and further erode economic
integration of the Black Sea states;
(6) to ensure that the United States continues to support
Black Sea states' efforts to strengthen their democratic
institutions to prevent corruption and accelerate their
advancement into the Euroatlantic community; and
(7) to encourage the initiative undertaken by central and
eastern European states to advance the Three Seas Initiative to
strengthen transport, energy, and digital infrastructure
connectivity in the region between the Adriatic Sea, Baltic
Sea, and Black Sea.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Select Committee on Intelligence of the
Senate;
(E) the Committee on Energy and Natural Resources
of the Senate;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Committee on Appropriations of the House of
Representatives;
(I) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(J) the Committee on Energy and Commerce of the
House of Representatives.
(2) Black sea states.--The term ``Black Sea states'' means
Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia.
(3) PRC.--The term ``PRC'' means the People's Republic of
China.
(e) Black Sea Security and Development Strategy.--Not later than
180 days after the date of the enactment of this Act, the National
Security Council, in coordination with the Department of State, the
Department of Defense, and other relevant Federal departments and
agencies, shall direct an interagency strategy with a classified
annex--
(1) to increase coordination with NATO and the European
Union;
(2) to deepen economic ties;
(3) to strengthen energy security;
(4) to support efforts to bolster their democratic
resilience; and
(5) to enhance security assistance with our regional
partners in accordance with the values and interests of the
United States.
(f) Purpose and Objectives.--The strategy authorized under
subsection (e) shall have the following goals and objectives:
(1) Ensuring the efficient and effective delivery of
security assistance to regional partners in accordance with the
values and interests of the United States, prioritizing
assistance that will bolster defenses and improve
interoperability with NATO forces.
(2) Bolstering United States support for the region's
energy security and integration with Europe and reducing their
dependence on Russia while supporting energy diversification.
(3) Mitigating the impact of economic coercion by the
Russian Federation and the PRC on Black Sea states and
identifying new opportunities for foreign direct investment
from the United States and cooperating countries and the
enhancement of United States business ties with regional
partners in accordance with the values and interests of the
United States.
(4) Increasing high-level engagement between the United
States and regional partners, and reinforcing economic growth,
financing quality infrastructure, and reinforcing trade with a
focus on improving high-level economic cooperation.
(5) Increasing United States coordination with the European
Union and NATO to maximize effectiveness and minimize
duplication.
(g) Activities.--
(1) Security.--The strategy authorized under subsection (e)
should include the following elements related to security:
(A) A plan to increase interagency coordination on
the Black Sea region.
(B) An assessment of whether a United States-led
initiative with NATO allies to increase coordination,
presence, and regional engagement among Black Sea
states is advisable.
(C) An assessment of whether there is a need to
increase security assistance or security cooperation
with Black Sea states, focused on Ukraine, Romania,
Bulgaria, Moldova, and Georgia.
(D) An assessment of the value of establishing a
United States or multinational headquarters on the
Black Sea, responsible for planning, readiness,
exercises, and coordination of military activity in the
greater Black Sea region.
(E) An assessment of the challenges and
opportunities of establishing a regular, rotational
NATO maritime presence in the Black Sea.
(F) An overview of Foreign Military Financing,
International Military Education and Training, and
other United States security assistance to the Black
Sea region.
(G) A plan for combating Russian disinformation and
propaganda in the Black Sea region that utilizes the
resources of the United States Government.
(H) A plan to promote greater freedom of navigation
to allow for greater security and economic Black Sea
access.
(2) Economic prosperity.--The strategy authorized under
subsection (e) shall include the following elements related to
economic prosperity:
(A) A strategy to foster dialogue between experts
from the United States and from the Black Sea states on
economic expansion, foreign direct investment,
strengthening rule of law initiatives, and mitigating
economic coercion by Russia and the PRC.
(B) A strategy for all the relevant Federal
departments and agencies that contribute to United
States economic statecraft to expand their presence and
identify new opportunities for private investment with
regional partners in accordance with the values and
interests of the United States.
(C) Assessments on energy diversification, focusing
on the immediate need to replace energy supplies from
Russia, and recognizing the long-term importance of
broader energy diversification.
(D) Assessments of potential food security
solutions, including sustainable, long-term
arrangements beyond the Black Sea Grain Initiative.
(3) Democratic resilience.--The strategy authorized under
subsection (e) shall include the following elements related to
democratic resilience:
(A) A strategy to increase independent media and
United States-supported media initiatives to combat
foreign malign influence in the Black Sea region.
(B) Greater mobilization of initiatives spearheaded
by the Department of State and the United States Agency
for International Development to counter Russian
propaganda and disinformation in the Black Sea region.
(4) Regional connectivity.--The strategy authorized under
subsection (e) shall promote regional connectivity by sending
high-level representatives of the Department of State or other
agency partners to--
(A) the Black Sea region not less frequently than
twice per year; and
(B) major regional fora on infrastructure and
energy security, including the Three Seas Initiative
Summit.
(h) Identification of Necessary Programs and Resources.--Not later
than 360 days after the date of the enactment of this Act, the
interagency strategy shall identify any necessary program, policy, or
budgetary resources required, by agency, to support the implementation
of the Black Sea Security Strategy for fiscal years 2024, 2025, and
2026.
(i) Responsibilities of Federal Departments and Agencies.--Nothing
under this section may be construed to authorize the National Security
Council to assume any of the responsibilities or authorities of the
head of any Federal department, agency, or office, including the
foreign affairs responsibilities and authorities of the Secretary of
State, to oversee the implementation of programs and policies under
this section.
Subtitle D--Matters Relating to the Indo-Pacific Region
SEC. 6241. SENSE OF CONGRESS ON THE RENEWAL OF THE COMPACTS OF FREE
ASSOCIATION WITH THE REPUBLIC OF PALAU, THE FEDERATED
STATES OF MICRONESIA, AND THE REPUBLIC OF THE MARSHALL
ISLANDS.
(a) Findings.--Congress finds that--
(1) in 1947, the United Nations entrusted the United States
with the defense and security of the region that now
comprises--
(A) the Republic of Palau;
(B) the Federated States of Micronesia; and
(C) the Republic of the Marshall Islands;
(2) in 1983, the United States signed Compacts of Free
Association with the Federated States of Micronesia and the
Republic of the Marshall Islands;
(3) in 1985, the United States signed a Compact of Free
Association with the Republic of Palau;
(4) in 1986, Congress--
(A) enacted the Compact of Free Association Act of
1985 (48 U.S.C. 1901 note; Public Law 99-239), which
approved the Compacts of Free Association with the
Federated States of Micronesia and the Republic of the
Marshall Islands; and
(B) enacted Public Law 99-658 (48 U.S.C. 1931
note), which approved the Compact of Free Association
with the Republic of Palau;
(5) in 2003, Congress enacted the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public
Law 108-188), which approved and renewed the Compacts of Free
Association with the Federated States of Micronesia and the
Republic of the Marshall Islands;
(6) in 2010, the United States and the Republic of Palau
agreed to terms for renewing the Compact of Free Association
with the Republic of Palau in the Palau Compact Review
Agreement, which was approved by Congress in section 1259C of
the National Defense Authorization Act for Fiscal Year 2018 (48
U.S.C. 1931 note; Public Law 115-91);
(7) on January 11, 2023, the United States signed a
Memorandum of Understanding with the Republic of the Marshall
Islands on funding priorities for the Compact of Free
Association with the Republic of the Marshall Islands;
(8) on May 22, 2023, the United States signed the U.S.-
Palau 2023 Agreement, following the Compact of Free Association
Section 432 Review;
(9) on May 23, 2023, the United States signed 3 agreements
relating to the U.S.-FSM Compact of Free Association, which
included--
(A) an Agreement to Amend the Compact, as amended;
(B) a new fiscal procedures agreement; and
(C) a new trust fund agreement; and
(10) the United States is undergoing negotiations relating
to the Compact of Free Association with the Republic of the
Marshall Islands.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the close and strategic partnerships of the United
States with the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands are vital
to international peace and security in the Indo-Pacific region;
(2) the Compacts of Free Association with the Republic of
Palau, the Federated States of Micronesia, and the Republic of
the Marshall Islands form the political, economic, and security
architecture that bolsters and sustains security and drives
regional development and the prosperity of the larger Indo-
Pacific community of nations;
(3) certain provisions of the current Compacts of Free
Association with the Federated States of Micronesia and the
Republic of the Marshall Islands expire on September 30, 2023;
(4) certain provisions of the Compact of Free Association
with the Republic of Palau expire on September 30, 2024;
(5) it is in the national interest of the United States to
successfully renegotiate and renew the Compacts of Free
Association with the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands; and
(6) enacting legislation to approve amended Compacts of
Free Association with the Republic of Palau, the Federated
States of Micronesia, and the Republic of the Marshall Islands
is the most important way for Congress to support United States
strategic partnerships with the 3 countries.
SEC. 6242. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING
REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Taiwan has adopted high standards in the field of
export controls.
(2) Taiwan has declared its unilateral adherence to the
Missile Technology Control Regime, the Wassenaar Arrangement,
the Australia Group, and the Nuclear Suppliers Group.
(3) At the request of President George W. Bush, section
1206 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that
Taiwan be treated as if it were designated as a major non-NATO
ally (as defined in section 644(q) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403(q)).
(b) Eligibility for Strategic Trade Authorization.--The President,
consistent with the commitments of the United States under
international arrangements, shall take steps so that Taiwan may be
treated as if it were included in the list of countries eligible for
the strategic trade authorization exception under section 740.20(c)(1)
of the Export Administration Regulations to the requirement for a
license for the export, re-export, or in-country transfer of an item
subject to controls under the Export Administration Regulations.
(c) Criteria.--Before the President may treat Taiwan as eligible
for the exception described in subsection (b), the President shall
ensure that Taiwan satisfies any applicable criteria normally required
for inclusion in the Country Group A:5 list set forth in Supplement No.
1 to part 740 of the Export Administration Regulations, particularly
with respect to alignment of export control policies with such policies
of the United States.
(d) Export Administration Regulations Defined.--In this section,
the term ``Export Administration Regulations'' has the meaning given
that term in section 1742 of the Export Control Reform Act of 2018 (50
U.S.C. 4801).
SEC. 6243. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF DEFENSE FUNDING
TO CHINA'S RESEARCH LABS.
Section 1263 is deemed to read as follows:
``SEC. 1263. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF DEFENSE
FUNDING TO CHINA'S RESEARCH LABS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Department of Defense Office of Inspector
General shall conduct a study, and submit a report to Congress,
regarding the amount of Federal funds awarded by the Department of
Defense (whether directly or indirectly) through grants, contracts,
subgrants, subcontracts, or any other type of agreement or
collaboration, during the 10-year period immediately preceding such
date of enactment, that--
``(1) was provided, whether purposely or inadvertently,
to--
``(A) the People's Republic of China;
``(B) the Communist Party of China;
``(C) the Wuhan Institute of Virology or any other
organization administered by the Chinese Academy of
Sciences;
``(D) EcoHealth Alliance Inc., including any
subsidiaries and related organizations that are
directly controlled by EcoHealth Alliance, Inc.;
``(E) the Academy of Military Medical Sciences or
any of its research institutes, including the Beijing
Institute of Microbiology and Epidemiology; or
``(F) any other lab, agency, organization,
individual, or instrumentality that is owned,
controlled (directly or indirectly), or overseen
(officially or unofficially) by any of the entities
listed in subparagraphs (A) through (D); or
``(2) was used to fund research or experiments that could
have reasonably resulted in the enhancement of any coronavirus,
influenza, Nipah, Ebola, or other pathogen of pandemic
potential or chimeric versions of such a virus or pathogen in
the People's Republic of China or any other foreign country.
``(b) Identification of Countries and Pathogens.--The report
required under subsection (a) shall specify--
``(1) the countries in which the research or experiments
described in subsection (a)(2) was conducted; and
``(2) the pathogens involved in such research or
experiments.''.
Subtitle G--Other Matters
SEC. 6291. SENSE OF THE SENATE ON DIGITAL TRADE AND THE DIGITAL
ECONOMY.
(a) Findings.--Congress makes the following findings:
(1) Over half of the world's population, totaling more than
5,000,000,000 people, use the internet.
(2) The digital economy encompasses the economic and social
activity from billions of online connections among people,
businesses, devices, and data as a result of the internet,
mobile technology, and the internet of things.
(3) The Bureau of Economic Analysis found that the digital
economy contributed nearly 10.3 percent of United States gross
domestic product and supported 8,000,000 United States jobs in
2020.
(4) The digital sector added 1,400,000 new jobs between
2019 and 2022.
(5) United States jobs supported by the digital economy
have sustained annual wage growth at a rate of 5.9 percent
since 2010, as compared to a 4.2 percent for all jobs.
(6) In 2021, United States exports of digital services
surpassed $594,000,000,000, accounting for more than half of
all United States services exports and generating a digital
services trade surplus for the United States of
$262,300,000,000.
(7) Digital trade bolsters the digital economy by enabling
the sale of goods on the internet and the supply of online
services across borders and depends on the free flow of data
across borders to promote commerce, manufacturing, and
innovation.
(8) Digital trade has become increasingly vital to United
States workers and businesses of all sizes, including the
countless small and medium-sized enterprises that use digital
technology, data flows, and e-commerce to export goods and
services across the world.
(9) Digital trade has advanced entrepreneurship
opportunities for women, people of color, and individuals from
otherwise underrepresented backgrounds and enabled the
formation of innovative start-ups.
(10) International supply chains are becoming increasingly
digitized and data driven and businesses in a variety of
industries, such as construction, healthcare, transportation,
and aerospace, invested heavily in digital supply chain
technologies in 2020.
(11) United States Trade Representative Katherine Tai said,
``[T]here is no bright line separating digital trade from the
digital economy--or the `traditional' economy for that matter.
Nearly every aspect of our economy has been digitized to some
degree.''.
(12) Industries outside of the technology sector, such as
manufacturing and agriculture, are integrating digital
technology into their businesses in order to increase
efficiency, improve safety, reach new customers, and remain
globally competitive.
(13) The increasing reliance on digital technologies has
modernized legacy processes, accelerated workflows, increased
access to information and services, and strengthened security
in a variety of industries, leading to better health,
environmental, and safety outcomes.
(14) The COVID-19 pandemic has led to increased uptake and
reliance on digital technologies, data flows, and e-commerce.
(15) Ninety percent of adults in the United States say that
the internet has been essential or important for them
personally during the COVID-19 pandemic.
(16) United States families, workers, and business owners
have seen how vital access to the internet has been to daily
life, as work, education, medicine, and communication with
family and friends have shifted increasingly online.
(17) Many individuals and families, especially in rural and
Tribal communities, struggle to participate in the digital
economy because of a lack of access to a reliable internet
connection.
(18) New developments in technology must be deployed with
consideration to the unique access challenges of rural, urban
underserved, and vulnerable communities.
(19) Digital trade has the power to help level the playing
field and uplift those in traditionally unrepresented or
underrepresented communities.
(20) Countries have negotiated international rules
governing digital trade in various bilateral and plurilateral
agreements, but those rules remain fragmented, and no
multilateral agreement on digital trade exists within the World
Trade Organization.
(21) The United States, through free trade agreements or
other digital agreements, has been a leader in developing a set
of rules and standards on digital governance and e-commerce
that has helped allies and partners of the United States unlock
the full economic and social potential of digital trade.
(22) Congress recognizes the need for agreements on digital
trade, as indicated by its support for a robust digital trade
chapter in the United States-Mexico-Canada Agreement.
(23) Other countries are operating under their own digital
rules, some of which are contrary to democratic values shared
by the United States and many allies and partners of the United
States.
(24) Those countries are attempting to advance their own
digital rules on a global scale.
(25) Examples of the plethora of nontariff barriers to
digital trade that have emerged around the globe include--
(A) overly restrictive data localization
requirements and limitations on cross border data flows
that do not achieve legitimate public policy
objectives;
(B) intellectual property rights infringement;
(C) policies that make market access contingent on
forced technology transfers or voluntary transfers
subject to coercive terms;
(D) web filtering;
(E) economic espionage;
(F) cybercrime exposure; and
(G) government-directed theft of trade secrets.
(26) Certain countries are pursuing or have implemented
digital policies that unfairly discriminate against innovative
United States technology companies and United States workers
that create and deliver digital products and services.
(27) The Government of the People's Republic of China is
currently advancing a model for digital governance and the
digital economy domestically and abroad through its Digital
Silk Road Initiative that permits censorship, surveillance,
human and worker rights abuses, forced technology transfers,
and data flow restrictions at the expense of human and worker
rights, privacy, the free flow of data, and an open internet.
(28) The 2022 Country Reports on Human Rights Practices of
the Department of State highlighted significant human rights
issues committed by the People's Republic of China in the
digital realm, including ``arbitrary interference with privacy
including pervasive and intrusive technical surveillance and
monitoring including the use of COVID-19 tracking apps for
nonpublic-health purposes; punishment of family members for
offenses allegedly committed by an individual; serious
restrictions on free expression and media, including physical
attacks on and criminal prosecution of journalists, lawyers,
writers, bloggers, dissidents, petitioners, and others; serious
restrictions on internet freedom, including site blocking''.
(29) The United States discourages digital
authoritarianism, including practices that undermine human and
worker rights and result in other social and economic coercion.
(30) Allies and trading partners of the United States in
the Indo-Pacific region have urged the United States to deepen
economic engagement in the region by negotiating rules on
digital trade and technology standards.
(31) The digital economy has provided new opportunities for
economic development, entrepreneurship, and growth in
developing countries around the world.
(32) Negotiating strong digital trade principles and
commitments with allies and partners across the globe enables
the United States to unite like-minded economies around common
standards and ensure that principles of democracy, rule of law,
freedom of speech, human and worker rights, privacy, and a free
and open internet are at the very core of digital governance.
(33) United States leadership and substantive engagement is
necessary to ensure that global digital rules reflect United
States values so that workers are treated fairly, small
businesses can compete and win in the global economy, and
consumers are guaranteed the right to privacy and security.
(34) The United States supports rules that reduce digital
trade barriers, promote free expression and the free flow of
information, enhance privacy protections, protect sensitive
information, defend human and worker rights, prohibit forced
technology transfer, and promote digitally enabled commerce.
(35) The United States supports efforts to cooperate with
allies and trading partners to mitigate the risks of
cyberattacks, address potentially illegal or deceptive business
activities online, promote financial inclusion and digital
workforce skills, and develop rules to govern the use of
artificial intelligence and other emerging and future
technologies.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States should negotiate strong, inclusive,
forward-looking, and enforceable rules on digital trade and the
digital economy with like-minded countries as part of a broader
trade and economic strategy to address digital barriers and
ensure that the United States values of democracy, rule of law,
freedom of speech, human and worker rights, privacy, and a free
and open internet are at the very core of the digital world and
advanced technology;
(2) in conducting such negotiations, the United States
must--
(A) pursue digital trade rules that--
(i) serve the best interests of workers,
consumers, and small and medium-sized
enterprises;
(ii) empower United States workers;
(iii) fuel wage growth; and
(iv) lead to materially positive economic
outcomes for all people in the United States;
(B) ensure that any future agreement prevents the
adoption of non-democratic, coercive, or overly
restrictive policies that would be obstacles to a free
and open internet and harm the ability of the e-
commerce marketplace to continue to grow and thrive;
(C) coordinate sufficient trade-related assistance
to ensure that developing countries can improve their
capacity and benefit from increased digital trade; and
(D) consult closely with all relevant stakeholders,
including workers, consumers, small and medium-sized
enterprises, civil society groups, and human rights
advocates; and
(3) with respect to any negotiations for an agreement
facilitating digital trade, the United States Trade
Representative and the heads of other relevant Federal agencies
must consult closely and on a timely basis with Congress.
SEC. 6292. ASSESSMENT OF CERTAIN UNITED STATES-ORIGIN TECHNOLOGY USED
BY FOREIGN ADVERSARIES.
(a) In General.--The Director of National Intelligence shall
conduct an assessment to evaluate the top five technologies that
originate in the United States and are not currently subject to export
controls as prioritized by the Director of National Intelligence, in
order to identify and assess the risk from those specified technologies
that could be or are being used by foreign adversaries in foreign
espionage programs targeting the United States.
(b) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Director shall submit a report on the
assessment required by subsection (a) to--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 6293. VIRGINIA CLASS SUBMARINE TRANSFER CERTIFICATION.
(a) Certification Required.--
(1) In general.--Not less than 60 days prior to
transferring one or more Virginia class submarines from the
inventory of the United States Navy to the Government of
Australia, under section 21 of the Arms Export Control Act (22
U.S.C. 2761), the President shall certify to the appropriate
congressional committees that--
(A) any submarine transferred under such authority
shall be used to support the joint security interests
and military operations of the United States and
Australia;
(B) Submarine Rotational Forces-West Full
Operational Capability to support 4 rotationally
deployed Virginia-class submarines and one Astute-class
submarine has been achieved, including the Government
of Australia having demonstrated the domestic capacity
to fully perform all the associated activities
necessary for the safe hosting and operation of
nuclear-powered submarines; and
(C) Australia Sovereign-Ready Initial Operational
Capability to support a Royal Australian Navy Virginia-
class submarine has been achieved, including the
Government of Australia having demonstrated the
domestic capacity to fully perform all the associated--
(i) activities necessary for the safe
hosting and operation of nuclear-powered
submarines;
(ii) crewing;
(iii) operations;
(iv) regulatory and emergency procedures,
including those specific to nuclear power
plants; and
(v) detailed planning for enduring
Virginia-class submarine ownership, including
each significant event leading up to and
including nuclear defueling.
(b) Definitions.--In this section:
(1) Activities necessary for the safe hosting or operation
of nuclear-powered submarines.--The term ``activities necessary
for the safe hosting and operation of nuclear-powered
submarines'' means each of the following activities as it
relates to Virginia-class and Astute-class submarines, as
appropriate, and in accordance with applicable United States
Navy or other Government agency instructions, regulations, and
standards:
(A) Maintenance.
(B) Training.
(C) Technical oversight.
(D) Safety certifications.
(E) Physical, communications, operational, cyber,
and other security measures.
(F) Port operations and infrastructure support.
(G) Storage, including spare parts, repair parts,
and munitions.
(H) Hazardous material handling and storage.
(I) Information technology systems.
(J) Support functions, including those related to
medical, quality-of-life, and family needs.
(K) Such other related tasks as may be specified by
the Secretary of Defense.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle B--Nuclear Forces
SEC. 6511. ANNUAL REPORT ON DEVELOPMENT OF LONG-RANGE STAND-OFF WEAPON.
(a) Report Required.--Not later than March 1, 2024, and annually
thereafter until the date on which long-range stand-off weapon reaches
initial operational capability, the Administrator for Nuclear Security,
in coordination with the Secretary of the Air Force and the Chairman of
the Nuclear Weapons Council, shall submit to the congressional defense
committees a report on the joint development of the long-range stand-
off weapon, including the missile developed by the Air Force and the
W80-4 warhead life extension program conducted by the National Nuclear
Security Administration.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An estimate of the date on which the long-range stand-
off weapon will reach initial operational capability.
(2) A description of any development milestones for the
missile developed by the Air Force or the warhead developed by
the National Nuclear Security Administration that depend on
corresponding progress at the other agency.
(3) A description of coordination efforts between the Air
Force and the National Nuclear Security Administration during
the period covered by the report.
(4) A description of any schedule delays projected by the
Air Force or the National Nuclear Security Administration and
the anticipated effect such delays would have on the schedule
of work of the other agency.
(5) Plans to mitigate the effects of any delays described
in paragraph (4).
(6) A description of any ways, including through the
availability of additional funding or authorities, in which the
development milestones described in paragraph (2) or the
estimated date of initial operational capability referred to in
paragraph (1), could be achieved more quickly.
(7) An estimate of the acquisition costs for the long-range
stand-off weapon and the W80-4 warhead life extension program.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
TITLE LXVIII--FEND OFF FENTANYL ACT
SEC. 6801. SHORT TITLE.
This title may be cited as the ``Fentanyl Eradication and Narcotics
Deterrence Off Fentanyl Act'' or the ``FEND Off Fentanyl Act''.
SEC. 6802. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the proliferation of fentanyl is causing an
unprecedented surge in overdose deaths in the United States,
fracturing families and communities, and necessitating a
comprehensive policy response to combat its lethal flow and to
mitigate the drug's devastating consequences;
(2) the trafficking of fentanyl into the United States is a
national security threat that has killed hundreds of thousands
of United States citizens;
(3) transnational criminal organizations, including cartels
primarily based in Mexico, are the main purveyors of fentanyl
into the United States and must be held accountable;
(4) precursor chemicals sourced from the People's Republic
of China are--
(A) shipped from the People's Republic of China by
legitimate and illegitimate means;
(B) transformed through various synthetic processes
to produce different forms of fentanyl; and
(C) crucial to the production of illicit fentanyl
by transnational criminal organizations, contributing
to the ongoing opioid crisis;
(5) the United States Government must remain vigilant to
address all new forms of fentanyl precursors and drugs used in
combination with fentanyl, such as Xylazine, which attribute to
overdose deaths of people in the United States;
(6) to increase the cost of fentanyl trafficking, the
United States Government should work collaboratively across
agencies and should surge analytic capability to impose
sanctions and other remedies with respect to transnational
criminal organizations (including cartels), including foreign
nationals who facilitate the trade in illicit fentanyl and its
precursors from the People's Republic of China; and
(7) the Department of the Treasury should focus on fentanyl
trafficking and its facilitators as one of the top national
security priorities for the Department.
SEC. 6803. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign
country; or
(ii) any entity not organized under the
laws of the United States or a jurisdiction
within the United States; and
(B) does not include the government of a foreign
country.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) Trafficking.--The term ``trafficking'', with respect to
fentanyl, fentanyl precursors, or other related opioids, has
the meaning given the term ``opioid trafficking'' in section
7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
(5) Transnational criminal organization.--The term
``transnational criminal organization'' includes--
(A) any organization designated as a significant
transnational criminal organization under part 590 of
title 31, Code of Federal Regulations;
(B) any of the organizations known as--
(i) the Sinaloa Cartel;
(ii) the Jalisco New Generation Cartel;
(iii) the Gulf Cartel;
(iv) the Los Zetas Cartel;
(v) the Juarez Cartel;
(vi) the Tijuana Cartel;
(vii) the Beltran-Leyva Cartel; or
(viii) La Familia Michoacana; or
(C) any other organization that the President
determines is a transnational criminal organization; or
(D) any successor organization to an organization
described in subparagraph (B) or as otherwise
determined by the President.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
Subtitle A--Sanctions Matters
PART I--SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO
FENTANYL TRAFFICKING
SEC. 6811. FINDING; POLICY.
(a) Finding.--Congress finds that international trafficking of
fentanyl, fentanyl precursors, or other related opioids constitutes an
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States, and is a national emergency.
(b) Policy.--It shall be the policy of the United States to apply
economic and other financial sanctions to those who engage in the
international trafficking of fentanyl, fentanyl precursors, or other
related opioids to protect the national security, foreign policy, and
economy of the United States.
SEC. 6812. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
(a) In General.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this part.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
pursuant to this part and any national emergency declared with
respect to the trafficking of fentanyl and trade in other
illicit drugs, including--
(A) the issuance of any new or revised regulations,
policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from
outside parties;
(D) the issuance or closure of general licenses,
specific licenses, and statements of licensing policy
by the Office of Foreign Assets Control;
(E) a description of any pending enforcement cases;
or
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include the
matters required by subparagraphs (C), (D), (E), and (F) of
that paragraph in a classified annex.
SEC. 6813. CODIFICATION OF EXECUTIVE ORDER IMPOSING SANCTIONS WITH
RESPECT TO FOREIGN PERSONS INVOLVED IN GLOBAL ILLICIT
DRUG TRADE.
United States sanctions provided for in Executive Order 14059 (50
U.S.C. 1701 note; relating to imposing sanctions on foreign persons
involved in the global illicit drug trade), and any amendments to or
directives issued pursuant to such Executive order before the date of
the enactment of this Act, shall remain in effect.
SEC. 6814. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL TRAFFICKING
BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines--
(1) is knowingly involved in the significant trafficking of
fentanyl, fentanyl precursors, or other related opioids,
including such trafficking by a transnational criminal
organization; or
(2) otherwise is knowingly involved in significant
activities of a transnational criminal organization relating to
the trafficking of fentanyl, fentanyl precursors, or other
related opioids.
(b) Sanctions Described.--The President may, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in property and interests in
property of a foreign person described in subsection (a) if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report on actions
taken by the executive branch with respect to the foreign persons
identified under subsection (a).
SEC. 6815. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this part or any
regulation, license, or order issued to carry out this part shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(b) National Security Waiver.--The President may waive the
application of sanctions under this part with respect to a foreign
person if the President determines that the waiver is in the national
security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This part shall
not apply with respect to activities subject to the reporting
requirements under title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this part
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
of the United States.
(3) Humanitarian exemption.--The President may not impose
sanctions under this part with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
SEC. 6816. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL CRIMINAL
ORGANIZATIONS.
(a) Transfer of Forfeited Property to Forfeiture Funds.--
(1) In general.--Any covered forfeited property shall be
deposited into the Department of the Treasury Forfeiture Fund
established under section 9705 of title 31, United States Code,
or the Department of Justice Assets Forfeiture Fund established
under section 524(c) of title 28, United States Code.
(2) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the appropriate
congressional committees a report on any deposits made under
paragraph (1) during the 180-day period preceding submission of
the report.
(3) Covered forfeited property defined.--In this
subsection, the term ``covered forfeited property'' means
property--
(A) forfeited to the United States under chapter 46
or section 1963 of title 18, United States Code; and
(B) that belonged to or was possessed by an
individual affiliated with or connected to a
transnational criminal organization subject to
sanctions under--
(i) this part;
(ii) the Fentanyl Sanctions Act (21 U.S.C.
2301 et seq.); or
(iii) Executive Order 14059 (50 U.S.C. 1701
note; relating to imposing sanctions on foreign
persons involved in the global illicit drug
trade).
(b) Blocked Assets Under Terrorism Risk Insurance Act of 2002.--
Nothing in this part affects the treatment of blocked assets of a
terrorist party described in subsection (a) of section 201 of the
Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).
PART II--OTHER MATTERS
SEC. 6821. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF SANCTIONS.
(a) International Emergency Economic Powers Act.--Section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705) is
amended by adding at the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
shall not be entertained unless commenced within ten
years after the latest date of the violation upon which
the civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this
paragraph, the commencement of an action, suit, or
proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (c) unless
the indictment is found or the information is instituted within
ten years after the latest date of the violation upon which the
indictment or information is based.''.
(b) Trading With the Enemy Act.--Section 16 of the Trading with the
Enemy Act (50 U.S.C. 4315) is amended by adding at the end the
following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
shall not be entertained unless commenced within ten
years after the latest date of the violation upon which
the civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this
paragraph, the commencement of an action, suit, or
proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (a) unless
the indictment is found or the information is instituted within
ten years after the latest date of the violation upon which the
indictment or information is based.''.
SEC. 6822. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF OFFICE OF
FOREIGN ASSETS CONTROL.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Office of Foreign Assets Control shall provide
to the appropriate congressional committees a classified report and
briefing on the staffing of the Office of Foreign Assets Control,
disaggregated by staffing dedicated to each sanctions program and each
country or issue.
SEC. 6823. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF VESSELS WITH
MISLABELED CARGO.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury, in conjunction with the heads of
other relevant Federal agencies, shall provide to the appropriate
congressional committees a classified report and briefing on efforts to
target drug transportation routes and modalities, including an
assessment of the prevalence of false cargo labeling and shipment of
precursor chemicals without accurate tracking of the customers
purchasing the chemicals.
SEC. 6824. REPORT ON ACTIONS OF PEOPLE'S REPUBLIC OF CHINA WITH RESPECT
TO PERSONS INVOLVED IN FENTANYL SUPPLY CHAIN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury, in conjunction with the heads of
other relevant Federal agencies, shall provide to the appropriate
congressional committees a classified report and briefing on actions
taken by the Government of the People's Republic of China with respect
to persons involved in the shipment of fentanyl, fentanyl analogues,
fentanyl precursors, precursors for fentanyl analogues, and equipment
for the manufacturing of fentanyl and fentanyl-laced counterfeit pills.
Subtitle B--Anti-Money Laundering Matters
SEC. 6831. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF SANCTIONED
PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.
Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 2311 et seq.)
is amended by inserting after section 7213 the following:
``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED PERSONS AS OF
PRIMARY MONEY LAUNDERING CONCERN.
``(a) In General.--If the Secretary of the Treasury determines that
reasonable grounds exist for concluding that one or more financial
institutions operating outside of the United States, 1 or more classes
of transactions within, or involving, a jurisdiction outside of the
United States, or 1 or more types of accounts within, or involving, a
jurisdiction outside of the United States, is of primary money
laundering concern in connection with illicit opioid trafficking, the
Secretary of the Treasury may, by order, regulation, or otherwise as
permitted by law--
``(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
provided for in section 9714(a)(1) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 31
U.S.C. 5318A note); or
``(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary) by any
domestic financial institution or domestic financial agency, if
such transmittal of funds involves any such institution, class
of transaction, or type of accounts.
``(b) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.)), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
``(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure referred to in section 9714(c)
of the National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 31 U.S.C. 5318A note) shall apply to any report or record
of report filed pursuant to a requirement imposed under subsection (a).
For purposes of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in subsection
(b)(3)(B) of that section.
``(d) Penalties.--The penalties referred to in section 9714(d) of
the National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 31 U.S.C. 5318A note) shall apply to violations of any order,
regulation, special measure, or other requirement imposed under
subsection (a), in the same manner and to the same extent as described
in such section 9714(d).
``(e) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) in the same manner
and to the same extent as described in section 9714(e) of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 31
U.S.C. 5318A note).''.
SEC. 6832. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS IN
SUSPICIOUS TRANSACTIONS REPORTS OF THE FINANCIAL CRIMES
ENFORCEMENT NETWORK.
(a) Filing Instructions.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Financial Crimes
Enforcement Network shall issue guidance or instructions to United
States financial institutions for filing reports on suspicious
transactions required by section 1010.320 of title 31, Code of Federal
Regulations, related to suspected fentanyl trafficking by transnational
criminal organizations.
(b) Prioritization of Reports Relating to Fentanyl Trafficking or
Transnational Criminal Organizations.--The Director shall prioritize
research into reports described in subsection (a) that indicate a
connection to trafficking of fentanyl or related synthetic opioids or
financing of suspected transnational criminal organizations.
SEC. 6833. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE WITH MEXICO,
THE PEOPLE'S REPUBLIC OF CHINA, AND BURMA.
(a) In General.--In the first update to the national strategy for
combating the financing of terrorism and related forms of illicit
finance submitted to Congress after the date of the enactment of this
Act, the Secretary of the Treasury shall include a report on trade-
based money laundering originating in Mexico or the People's Republic
of China and involving Burma.
(b) Definition.--In this section, the term ``national strategy for
combating the financing of terrorism and related forms of illicit
finance'' means the national strategy for combating the financing of
terrorism and related forms of illicit finance required by section 261
of the Countering America's Adversaries Through Sanctions Act (Public
Law 115-44; 131 Stat. 934), as amended by section 6506 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 2428).
Subtitle C--Exception Relating to Importation of Goods
SEC. 6841. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authority or a requirement to block and
prohibit all transactions in all property and interests in property
under this title shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle B--Military Housing
PART III--OTHER HOUSING MATTERS
SEC. 7851. REPORT ON PLAN TO REPLACE HOUSES AT FORT LEONARD WOOD.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to Congress an unclassified
report on the plan of the Army to replace all 1,142 houses at Fort
Leonard Wood that the Army has designated as being in need of repair.
Subtitle D--Other Matters
SEC. 7881. STUDY ON IMPACT ON MEMBERS OF THE ARMED FORCES AND
DEPENDENTS OF CONSTRUCTION PROJECTS THAT AFFECT QUALITY
OF LIFE.
(a) In General.--The Secretary of Defense shall conduct a study,
through the use of an independent and objective organization outside
the Department of Defense, on the correlation between military
construction projects and facilities sustainment, restoration, and
modernization projects at installations of the Department of Defense
that affect the quality of life of members of the Armed Forces and
their dependents and the following:
(1) Retention of members of the Armed Forces on active
duty.
(2) Physical health of members of the Armed Forces,
including an identification of whether the age, condition, and
deferred maintenance of a dormitory or barracks is in any way
related to the frequency of sexual assaults and other crimes at
installations of the Department.
(3) Mental health of members of the Armed Forces.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the study conducted under
subsection (a).
SEC. 7882. MODIFICATION OF PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT
FOR REIMBURSEMENT FOR USE OF TESTING FACILITIES AT
INSTALLATIONS OF THE DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 2862 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public Law 117-
81; 10 U.S.C. 9771 note prec.) is amended--
(1) in subsection (a), by striking ``testing'' and
inserting ``Major Range and Test Facility Base (MRTFB)'';
(2) in subsection (b), by inserting ``, have Major Range
and Test Facility Base facilities,'' after ``construct'';
(3) by amending subsection (c) to read as follows:
``(c) Oversight of Funds.--
``(1) Use of amounts.--The commander of an installation
selected to participate in the pilot program may obligate or
expend amounts reimbursed under the pilot program for projects
at the installation.
``(2) Designation of maintenance costs.--
``(A) In general.--The commander of an installation
selected to participate in the pilot program may
designate the appropriate amount of maintenance costs
to be charged to users of Major Range and Test Facility
Base facilities under the pilot program.
``(B) Use of maintenance cost reimbursements.--
Maintenance cost reimbursements under subparagraph (A)
for an installation may be used either singly or in
combination with appropriated funds to satisfy the
costs of maintenance projects at the installation.
``(3) Oversight.--The commander of an installation selected
for the pilot program shall have direct oversight over amounts
reimbursed to the installation under the pilot program for
Facility, Sustainment, Restoration, and Modernization.'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection (e):
``(e) No Reduction of Appropriation.--In order to allow full
assessment of the viability of the pilot program, appropriations to
installations selected to participate in the pilot program for
Facility, Sustainment, Restoration, and Modernization shall not be
reduced on the basis of participation in the pilot program or usage of
the pilot program reimbursements and realized reimbursements from
customers under the pilot program shall not be used as a basis for
reduction of such appropriations.''; and
(6) in subsection (f) as redesignated by paragraph (2), by
striking ``December 1, 2026'' and inserting ``December 1,
2027''.
(b) Clerical Amendments.--
(1) Section header.--The header for such section is amended
to read as follows:
``SEC. 2862. PILOT PROGRAM TO AUGMENT APPROPRIATED AMOUNTS WITH
MAINTENANCE REIMBURSEMENTS FROM MAJOR RANGE AND TEST
FACILITY BASE USERS AT INSTALLATIONS OF THE DEPARTMENT OF
THE AIR FORCE.''.
(2) Table of contents.--The table of contents for the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) and the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117-81) are each
amended by striking the item relating to section 2862 and
inserting the following new item:
``Sec. 2862. Pilot program to augment appropriated amounts with
maintenance reimbursements from Major Range
and Test Facility Base users at
installations of the Department of the Air
Force.''.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle D--Other Matters
SEC. 8141. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED NUCLEAR FOR
CLEAN ENERGY.
(a) Short Title.--This section may be cited as the ``Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of
2023'' or the ``ADVANCE Act of 2023''.
(b) Definitions.--In this section:
(1) Accident tolerant fuel.--The term ``accident tolerant
fuel'' has the meaning given the term in section 107(a) of the
Nuclear Energy Innovation and Modernization Act (Public Law
115-439; 132 Stat. 5577).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advanced nuclear fuel.--The term ``advanced nuclear
fuel'' means--
(A) advanced nuclear reactor fuel; and
(B) accident tolerant fuel.
(4) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 3 of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215
note; Public Law 115-439).
(5) Advanced nuclear reactor fuel.--The term ``advanced
nuclear reactor fuel'' has the meaning given the term in
section 3 of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215 note; Public Law 115-439).
(6) Appropriate committees of Congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Environment and Public Works
of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(7) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(9) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(c) International Nuclear Reactor Export and Innovation
Activities.--
(1) Coordination.--
(A) In general.--The Commission shall--
(i) coordinate all work of the Commission
relating to--
(I) nuclear reactor import and
export licensing; and
(II) international regulatory
cooperation and assistance relating to
nuclear reactors, including with
countries that are members of--
(aa) the Organisation for
Economic Co-operation and
Development; or
(bb) the Nuclear Energy
Agency; and
(ii) support interagency and international
coordination with respect to--
(I) the consideration of
international technical standards to
establish the licensing and regulatory
basis to assist the design,
construction, and operation of nuclear
systems;
(II) efforts to help build
competent nuclear regulatory
organizations and legal frameworks in
countries seeking to develop nuclear
power; and
(III) exchange programs and
training provided, in coordination with
the Secretary of State, to other
countries relating to nuclear
regulation and oversight to improve
nuclear technology licensing, in
accordance with subparagraph (B).
(B) Exchange programs and training.--With respect
to the exchange programs and training described in
subparagraph (A)(ii)(III), the Commission shall
coordinate, as applicable, with--
(i) the Secretary of Energy;
(ii) the Secretary of State;
(iii) National Laboratories;
(iv) the private sector; and
(v) institutions of higher education.
(2) Authority to establish branch.--The Commission may
establish within the Office of International Programs a branch,
to be known as the ``International Nuclear Reactor Export and
Innovation Branch'', to carry out such international nuclear
reactor export and innovation activities as the Commission
determines to be appropriate and within the mission of the
Commission.
(3) Exclusion of international activities from the fee
base.--
(A) In general.--Section 102 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215) is
amended--
(i) in subsection (a), by adding at the end
the following:
``(4) International nuclear reactor export and innovation
activities.--The Commission shall identify in the annual budget
justification international nuclear reactor export and
innovation activities described in subsection (c)(1) of the
ADVANCE Act of 2023.''; and
(ii) in subsection (b)(1)(B), by adding at
the end the following:
``(iv) Costs for international nuclear
reactor export and innovation activities
described in subsection (c)(1) of the ADVANCE
Act of 2023.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect on October 1, 2024.
(4) Coordination.--The Commission shall coordinate all
international activities under this subsection with the
Secretary of State and other applicable agencies, as
appropriate.
(5) Savings clause.--Nothing in this subsection alters the
authority of the Commission to license and regulate the
civilian use of radioactive materials.
(d) Denial of Certain Domestic Licenses for National Security
Purposes.--
(1) Definition of covered fuel.--In this subsection, the
term ``covered fuel'' means enriched uranium that is fabricated
into fuel assemblies for nuclear reactors by an entity that--
(A) is owned or controlled by the Government of the
Russian Federation or the Government of the People's
Republic of China; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, the Russian Federation
or the People's Republic of China.
(2) Prohibition on unlicensed possession or ownership of
covered fuel.--Unless specifically authorized by the Commission
in a license issued under section 53 of the Atomic Energy Act
of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code of
Federal Regulations (or successor regulations), no person
subject to the jurisdiction of the Commission may possess or
own covered fuel.
(3) License to possess or own covered fuel.--
(A) Consultation required prior to issuance.--The
Commission shall not issue a license to possess or own
covered fuel under section 53 of the Atomic Energy Act
of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code
of Federal Regulations (or successor regulations),
unless the Commission has first consulted with the
Secretary of Energy and the Secretary of State before
issuing the license.
(B) Prohibition on issuance of license.--
(i) In general.--Subject to clause (iii), a
license to possess or own covered fuel shall
not be issued if the Secretary of Energy and
the Secretary of State make the determination
described in clause (ii)(I)(aa).
(ii) Determination.--
(I) In general.--The determination
referred to in clause (i) is a
determination that possession or
ownership, as applicable, of covered
fuel--
(aa) poses a threat to the
national security of the United
States, including because of an
adverse impact on the physical
and economic security of the
United States; or
(bb) does not pose a threat
to the national security of the
United States.
(II) Joint determination.--A
determination described in subclause
(I) shall be jointly made by the
Secretary of Energy and the Secretary
of State.
(III) Timeline.--
(aa) Notice of
application.--Not later than 30
days after the date on which
the Commission receives an
application for a license to
possess or own covered fuel,
the Commission shall notify the
Secretary of Energy and the
Secretary of State of the
application.
(bb) Determination.--The
Secretary of Energy and the
Secretary of State shall have a
period of 180 days, beginning
on the date on which the
Commission notifies the
Secretary of Energy and the
Secretary of State under item
(aa) of an application for a
license to possess or own
covered fuel, in which to make
the determination described in
subclause (I).
(cc) Commission
notification.--On making the
determination described in
subclause (I), the Secretary of
Energy and the Secretary of
State shall immediately notify
the Commission.
(dd) Congressional
notification.--Not later than
30 days after the date on which
the Secretary of Energy and the
Secretary of State notify the
Commission under item (cc), the
Commission shall notify the
appropriate committees of
Congress, the Committee on
Foreign Relations of the
Senate, the Committee on Energy
and Natural Resources of the
Senate, and the Committee on
Foreign Affairs of the House of
Representatives of the
determination.
(ee) Public notice.--Not
later than 15 days after the
date on which the Commission
notifies Congress under item
(dd) of a determination made
under subclause (I), the
Commission shall make that
determination publicly
available.
(iii) Effect of no determination.--The
Commission shall not issue a license if the
Secretary of Energy and the Secretary of State
have not made a determination described in
clause (ii).
(4) Savings clause.--Nothing in this subsection alters any
treaty or international agreement in effect on the date of
enactment of this Act or that enters into force after the date
of enactment of this Act.
(e) Export License Requirements.--
(1) Definition of low-enriched uranium.--In this
subsection, the term ``low-enriched uranium'' means uranium
enriched to less than 20 percent of the uranium-235 isotope.
(2) Requirement.--The Commission shall not issue an export
license for the transfer of any item described in paragraph (4)
to a country described in paragraph (3) unless the Commission,
in consultation with the Secretary of State and any other
relevant agencies, makes a determination that such transfer
will not be inimical to the common defense and security of the
United States.
(3) Countries described.--A country referred to in
paragraph (2) is a country that--
(A) has not concluded and ratified an Additional
Protocol to its safeguards agreement with the
International Atomic Energy Agency; or
(B) has not ratified or acceded to the amendment to
the Convention on the Physical Protection of Nuclear
Material, adopted at Vienna October 26, 1979, and
opened for signature at New York March 3, 1980 (TIAS
11080), described in the information circular of the
International Atomic Energy Agency numbered INFCIRC/
274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS 16-508).
(4) Items described.--An item referred to in paragraph (2)
includes--
(A) unirradiated nuclear fuel containing special
nuclear material (as defined in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014)), excluding
low-enriched uranium;
(B) a nuclear reactor that uses nuclear fuel
described in subparagraph (A); and
(C) any plant or component listed in Appendix I to
part 110 of title 10, Code of Federal Regulations (or
successor regulations), that is involved in--
(i) the reprocessing of irradiated nuclear
reactor fuel elements;
(ii) the separation of plutonium; or
(iii) the separation of the uranium-233
isotope.
(5) Notification.--If the Commission, in consultation with
the Secretary of State and any other relevant agencies, makes a
determination, in accordance with applicable laws and
regulations, under paragraph (2) that the transfer of any item
described in paragraph (4) to a country described in paragraph
(3) will not be inimical to the common defense and security of
the United States, the Commission shall notify the appropriate
committees of Congress, the Committee on Foreign Relations of
the Senate, the Committee on Energy and Natural Resources of
the Senate, and the Committee on Foreign Affairs of the House
of Representatives.
(f) Fees for Advanced Nuclear Reactor Application Review.--
(1) Definitions.--Section 3 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215 note; Public
Law 115-439) is amended--
(A) by redesignating paragraphs (2) through (15) as
paragraphs (3), (6), (7), (8), (9), (10), (12), (15),
(16), (17), (18), (19), (20), and (21), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application to receive a license
for an advanced nuclear reactor under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).'';
(C) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) Advanced nuclear reactor pre-applicant.--The term
`advanced nuclear reactor pre-applicant' means an entity that
has submitted to the Commission a licensing project plan for
the purposes of submitting a future application to receive a
license for an advanced nuclear reactor under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.).
``(5) Agency support.--The term `agency support' means the
resources of the Commission that are located in executive,
administrative, and other support offices of the Commission, as
described in the document of the Commission entitled `FY 2023
Final Fee Rule Work Papers' (or a successor document).'';
(D) by inserting after paragraph (10) (as so
redesignated) the following:
``(11) Hourly rate for mission-direct program salaries and
benefits for the nuclear reactor safety program.--The term
`hourly rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program' means the quotient
obtained by dividing--
``(A) the full-time equivalent rate (within the
meaning of the document of the Commission entitled `FY
2023 Final Fee Rule Work Papers' (or a successor
document)) for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program (as
determined by the Commission) for a fiscal year; by
``(B) the productive hours assumption for that
fiscal year, determined in accordance with the formula
established in the document referred to in subparagraph
(A) (or a successor document).''; and
(E) by inserting after paragraph (12) (as so
redesignated) the following:
``(13) Mission-direct program salaries and benefits for the
nuclear reactor safety program.--The term `mission-direct
program salaries and benefits for the Nuclear Reactor Safety
Program' means the resources of the Commission that are
allocated to the Nuclear Reactor Safety Program (as determined
by the Commission) to perform core work activities committed to
fulfilling the mission of the Commission, as described in the
document of the Commission entitled `FY 2023 Final Fee Rule
Work Papers' (or a successor document).
``(14) Mission-indirect program support.--The term
`mission-indirect program support' means the resources of the
Commission that support the core mission-direct activities for
the Nuclear Reactor Safety Program of the Commission (as
determined by the Commission), as described in the document of
the Commission entitled `FY 2023 Final Fee Rule Work Papers'
(or a successor document).''.
(2) Excluded activities.--Section 102(b)(1)(B) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(ii)) is
amended by adding at the end the following:
``(v) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(B), may not be included in the
hourly rate charged for fees assessed to
advanced nuclear reactor applicants.
``(vi) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(C), may not be included in the
hourly rate charged for fees assessed to
advanced nuclear reactor pre-applicants.''.
(3) Fees for service or thing of value.--Section 102(b) of
the Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215(b)) is amended by striking paragraph (2) and inserting the
following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701
of title 31, United States Code, the Commission shall
assess and collect fees from any person who receives a
service or thing of value from the Commission to cover
the costs to the Commission of providing the service or
thing of value.
``(B) Advanced nuclear reactor applicants.--The
hourly rate charged for fees assessed to advanced
nuclear reactor applicants under this paragraph
relating to the review of a submitted application
described in section 3(1) shall not exceed the hourly
rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program.
``(C) Advanced nuclear reactor pre-applicants.--The
hourly rate charged for fees assessed to advanced
nuclear reactor pre-applicants under this paragraph
relating to the review of submitted materials as
described in the licensing project plan of an advanced
nuclear reactor pre-applicant shall not exceed the
hourly rate for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program.''.
(4) Sunset.--Section 102 of the Nuclear Energy Innovation
and Modernization Act (42 U.S.C. 2215) is amended by adding at
the end the following:
``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) and (2)(C)
of subsection (b) shall cease to be effective on September 30, 2029.''.
(5) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2024.
(g) Advanced Nuclear Reactor Prizes.--Section 103 of the Nuclear
Energy Innovation and Modernization Act (Public Law 115-439; 132 Stat.
5571) is amended by adding at the end the following:
``(f) Prizes for Advanced Nuclear Reactor Licensing.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a non-Federal entity; and
``(B) the Tennessee Valley Authority.
``(2) Prize for advanced nuclear reactor licensing.--
``(A) In general.--Notwithstanding section 169 of
the Atomic Energy Act of 1954 (42 U.S.C. 2209) and
subject to the availability of appropriations, the
Secretary is authorized to make, with respect to each
award category described in subparagraph (C), an award
in an amount described in subparagraph (B) to the first
eligible entity--
``(i) to which the Commission issues an
operating license for an advanced nuclear
reactor under part 50 of title 10, Code of
Federal Regulations (or successor regulations),
for which an application has not been approved
by the Commission as of the date of enactment
of this subsection; or
``(ii) for which the Commission makes a
finding described in section 52.103(g) of title
10, Code of Federal Regulations (or successor
regulations), with respect to a combined
license for an advanced nuclear reactor--
``(I) that is issued under subpart
C of part 52 of that title (or
successor regulations); and
``(II) for which an application has
not been approved by the Commission as
of the date of enactment of this
subsection.
``(B) Amount of award.--An award under subparagraph
(A) shall be in an amount equal to the total amount
assessed by the Commission and collected under section
102(b)(2) from the eligible entity receiving the award
for costs relating to the issuance of the license
described in that subparagraph, including, as
applicable, costs relating to the issuance of an
associated construction permit described in section
50.23 of title 10, Code of Federal Regulations (or
successor regulations), or early site permit (as
defined in section 52.1 of that title (or successor
regulations)).
``(C) Award categories.--An award under
subparagraph (A) may be made for--
``(i) the first advanced nuclear reactor
for which the Commission--
``(I) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(II) makes a finding in
accordance with clause (ii) of that
subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from
spent nuclear fuel (as defined in
section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101)) or
depleted uranium as fuel for the
advanced nuclear reactor; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated
energy system--
``(aa) that is composed of
2 or more co-located or jointly
operated subsystems of energy
generation, energy storage, or
other technologies;
``(bb) in which not fewer
than 1 subsystem described in
item (aa) is a nuclear energy
system; and
``(cc) the purpose of which
is--
``(AA) to reduce
greenhouse gas
emissions in both the
power and nonpower
sectors; and
``(BB) to maximize
energy production and
efficiency; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate
electricity or high temperature process
heat for nonelectric applications; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph; and
``(v) the first advanced nuclear reactor
for which the Commission grants approval to
load nuclear fuel pursuant to the technology-
inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding limitations.--
``(A) Exclusion of tva funds.--In this paragraph,
the term `Federal funds' does not include funds
received under the power program of the Tennessee
Valley Authority.
``(B) Limitation on amounts expended.--An award
under this subsection shall not exceed the total amount
expended (excluding any expenditures made with Federal
funds received for the applicable project and an amount
equal to the minimum cost-share required under section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352))
by the eligible entity receiving the award for
licensing costs relating to the project for which the
award is made.
``(C) Repayment and dividends not required.--
Notwithstanding section 9104(a)(4) of title 31, United
States Code, or any other provision of law, an eligible
entity that receives an award under this subsection
shall not be required--
``(i) to repay that award or any part of
that award; or
``(ii) to pay a dividend, interest, or
other similar payment based on the sum of that
award.''.
(h) Report on Unique Licensing Considerations Relating to the Use
of Nuclear Energy for Nonelectric Applications.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report (referred to in
this subsection as the ``report'') addressing any unique
licensing issues or requirements relating to--
(A) the flexible operation of nuclear reactors,
such as ramping power output and switching between
electricity generation and nonelectric applications;
(B) the use of advanced nuclear reactors
exclusively for nonelectric applications; and
(C) the colocation of nuclear reactors with
industrial plants or other facilities.
(2) Stakeholder input.--In developing the report, the
Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) technology developers;
(D) the industrial, chemical, and medical sectors;
(E) nongovernmental organizations; and
(F) other public stakeholders.
(3) Contents.--
(A) In general.--The report shall describe--
(i) any unique licensing issues or
requirements relating to the matters described
in subparagraphs (A) through (C) of paragraph
(1), including, with respect to the nonelectric
applications referred to in subparagraphs (A)
and (B) of that paragraph, any licensing issues
or requirements relating to the use of nuclear
energy in--
(I) hydrogen or other liquid and
gaseous fuel or chemical production;
(II) water desalination and
wastewater treatment;
(III) heat for industrial
processes;
(IV) district heating;
(V) energy storage;
(VI) industrial or medical isotope
production; and
(VII) other applications, as
identified by the Commission;
(ii) options for addressing those issues or
requirements--
(I) within the existing regulatory
framework of the Commission;
(II) as part of the technology-
inclusive regulatory framework required
under subsection (a)(4) of section 103
of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2133 note;
Public Law 115-439) or described in the
report required under subsection (e) of
that section (Public Law 115-439; 132
Stat. 5575); or
(III) through a new rulemaking; and
(iii) the extent to which Commission action
is needed to implement any matter described in
the report.
(B) Cost estimates, budgets, and timeframes.--The
report shall include cost estimates, proposed budgets,
and proposed timeframes for implementing risk-informed
and performance-based regulatory guidance in the
licensing of nuclear reactors for nonelectric
applications.
(i) Enabling Preparations for the Demonstration of Advanced Nuclear
Reactors on Department of Energy Sites or Critical National Security
Infrastructure Sites.--
(1) In general.--Section 102(b)(1)(B) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as
amended by subsection (f)(2)) is amended by adding at the end
the following:
``(vii) Costs for--
``(I) activities to review and
approve or disapprove an application
for an early site permit (as defined in
section 52.1 of title 10, Code of
Federal Regulations (or a successor
regulation)) to demonstrate an advanced
nuclear reactor on a Department of
Energy site or critical national
security infrastructure (as defined in
section 327(d) of the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1722)) site; and
``(II) pre-application activities
relating to an early site permit (as
defined in section 52.1 of title 10,
Code of Federal Regulations (or a
successor regulation)) to demonstrate
an advanced nuclear reactor on a
Department of Energy site or critical
national security infrastructure (as
defined in section 327(d) of the John
S. McCain National Defense
Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1722))
site.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2024.
(j) Clarification on Fusion Regulation.--Section 103(a)(4) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note;
Public Law 115-439) is amended--
(1) by striking ``Not later'' and inserting the following:
``(A) In general.--Not later''; and
(2) by adding at the end the following:
``(B) Exclusion of fusion reactors.--For purposes
of subparagraph (A), the term `advanced reactor
applicant' does not include an applicant seeking a
license for a fusion reactor.''.
(k) Regulatory Issues for Nuclear Facilities at Brownfield Sites.--
(1) Definitions.--
(A) Brownfield site.--The term ``brownfield site''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(B) Production facility.--The term ``production
facility'' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(C) Retired fossil fuel site.--The term ``retired
fossil fuel site'' means the site of 1 or more fossil
fuel electric generation facilities that are retired or
scheduled to retire, including multi-unit facilities
that are partially shut down.
(D) Utilization facility.--The term ``utilization
facility'' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(2) Identification of regulatory issues.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall
evaluate the extent to which modification of
regulations, guidance, or policy is needed to enable
timely licensing reviews for, and to support the
oversight of, production facilities or utilization
facilities at brownfield sites.
(B) Requirement.--In carrying out subparagraph (A),
the Commission shall consider how licensing reviews for
production facilities or utilization facilities at
brownfield sites may be expedited by considering
matters relating to siting and operating a production
facility or a utilization facility at or near a retired
fossil fuel site to support--
(i) the reuse of existing site
infrastructure, including--
(I) electric switchyard components
and transmission infrastructure;
(II) heat-sink components;
(III) steam cycle components;
(IV) roads;
(V) railroad access; and
(VI) water availability;
(ii) the use of early site permits;
(iii) the utilization of plant parameter
envelopes or similar standardized site
parameters on a portion of a larger site; and
(iv) the use of a standardized application
for similar sites.
(C) Report.--Not later than 14 months after the
date of enactment of this Act, the Commission shall
submit to the appropriate committees of Congress a
report describing any regulations, guidance, and
policies identified under subparagraph (A).
(3) Licensing.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Commission shall--
(i) develop and implement strategies to
enable timely licensing reviews for, and to
support the oversight of, production facilities
or utilization facilities at brownfield sites,
including retired fossil fuel sites; or
(ii) initiate a rulemaking to enable timely
licensing reviews for, and to support the
oversight of, of production facilities or
utilization facilities at brownfield sites,
including retired fossil fuel sites.
(B) Requirements.--In carrying out subparagraph
(A), consistent with the mission of the Commission, the
Commission shall consider matters relating to--
(i) the use of existing site
infrastructure;
(ii) existing emergency preparedness
organizations and planning;
(iii) the availability of historical site-
specific environmental data;
(iv) previously approved environmental
reviews required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(v) activities associated with the
potential decommissioning of facilities or
decontamination and remediation at brownfield
sites; and
(vi) community engagement and historical
experience with energy production.
(4) Report.--Not later than 3 years after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing the
actions taken by the Commission under paragraph (3).
(l) Appalachian Regional Commission Nuclear Energy Development.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the
end the following:
``Sec. 14512. Appalachian Regional Commission nuclear energy
development
``(a) Definitions.--In this section:
``(1) Brownfield site.--The term `brownfield site' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
``(2) Production facility.--The term `production facility'
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
``(3) Retired fossil fuel site.--The term `retired fossil
fuel site' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to retire,
including multi-unit facilities that are partially shut down.
``(4) Utilization facility.--The term `utilization
facility' has the meaning given the term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(b) Authority.--The Appalachian Regional Commission may provide
technical assistance to, make grants to, enter into contracts with, or
otherwise provide amounts to individuals or entities in the Appalachian
region for projects and activities--
``(1) to conduct research and analysis regarding the
economic impact of siting, constructing, and operating a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site;
``(2) to assist with workforce training or retraining to
perform activities relating to the siting and operation of a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site; and
``(3) to engage with the Nuclear Regulatory Commission, the
Department of Energy, and other Federal agencies with expertise
in civil nuclear energy.
``(c) Limitation on Available Amounts.--Of the cost of any project
or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not
more than 50 percent may be provided from amounts made
available to carry out this section;
``(2) in the case of a project or activity to be carried
out in a county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may be
provided from amounts made available to carry out this section;
and
``(3) in the case of a project or activity to be carried
out in a county for which an at-risk county designation is in
effect under section 14526, not more than 70 percent may be
provided from amounts made available to carry out this section.
``(d) Sources of Assistance.--Subject to subsection (c), a grant
provided under this section may be provided from amounts made available
to carry out this section, in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(e) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(2) Authorization of appropriations.--Section 14703 of
title 40, United States Code, is amended--
(A) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(B) by inserting after subsection (d) the
following:
``(e) Appalachian Regional Commission Nuclear Energy Development.--
Of the amounts made available under subsection (a), $5,000,000 may be
used to carry out section 14512 for each of fiscal years 2023 through
2026.''.
(3) Clerical amendment.--The analysis for subchapter I of
chapter 145 of subtitle IV of title 40, United States Code, is
amended by striking the item relating to section 14511 and
inserting the following:
``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
(m) Foreign Ownership.--
(1) In general.--The prohibitions against issuing certain
licenses for utilization facilities to certain corporations and
other entities described in the second sentence of section 103
d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) and the
second sentence of section 104 d. of that Act (42 U.S.C.
2134(d)) shall not apply to an entity described in paragraph
(2) if the Commission determines that issuance of the
applicable license to that entity is not inimical to--
(A) the common defense and security; or
(B) the health and safety of the public.
(2) Entities described.--
(A) In general.--An entity referred to in paragraph
(1) is a corporation or other entity that is owned,
controlled, or dominated by--
(i) the government of--
(I) a country that is a member of
the Organisation for Economic Co-
operation and Development on the date
of enactment of this Act, subject to
subparagraph (B); or
(II) the Republic of India;
(ii) a corporation that is incorporated in
a country described in subclause (I) or (II) of
clause (i); or
(iii) an alien who is a national of a
country described in subclause (I) or (II) of
clause (i).
(B) Exclusion.--An entity described in subparagraph
(A)(i)(I) is not an entity referred to in paragraph
(1), and paragraph (1) shall not apply to that entity,
if, on the date of enactment of this Act--
(i) the entity (or any department, agency,
or instrumentality of the entity) is a person
subject to sanctions under section 231 of the
Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9525); or
(ii) any citizen of the entity, or any
entity organized under the laws of, or
otherwise subject to the jurisdiction of, the
entity, is a person subject to sanctions under
that section.
(3) Technical amendment.--Section 103 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the
second sentence, by striking ``any any'' and inserting ``any''.
(4) Savings clause.--Nothing in this subsection affects the
requirements of section 721 of the Defense Production Act of
1950 (50 U.S.C. 4565).
(n) Extension of the Price-Anderson Act.--
(1) Extension.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended by striking ``December 31, 2025'' each place
it appears and inserting ``December 31, 2045''.
(2) Liability.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended--
(A) in subsection d. (5), by striking
``$500,000,000'' and inserting ``$2,000,000,000''; and
(B) in subsection e. (4), by striking
``$500,000,000'' and inserting ``$2,000,000,000''.
(3) Report.--Section 170 p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
Anderson Act'') is amended by striking ``December 31, 2021''
and inserting ``December 31, 2041''.
(4) Definition of nuclear incident.--Section 11 q. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in
the second proviso, by striking ``if such occurrence'' and all
that follows through ``United States:'' and inserting a colon.
(o) Report on Advanced Methods of Manufacturing and Construction
for Nuclear Energy Applications.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report (referred to in
this subsection as the ``report'') on manufacturing and
construction for nuclear energy applications.
(2) Stakeholder input.--In developing the report, the
Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) National Laboratories;
(D) institutions of higher education;
(E) nuclear and manufacturing technology
developers;
(F) the manufacturing and construction industries,
including manufacturing and construction companies with
operating facilities in the United States;
(G) standards development organizations;
(H) labor unions;
(I) nongovernmental organizations; and
(J) other public stakeholders.
(3) Contents.--
(A) In general.--The report shall--
(i) examine any unique licensing issues or
requirements relating to the use of
innovative--
(I) advanced manufacturing
processes;
(II) advanced construction
techniques; and
(III) rapid improvement or
iterative innovation processes;
(ii) examine--
(I) the requirements for nuclear-
grade components in manufacturing and
construction for nuclear energy
applications;
(II) opportunities to use standard
materials, parts, or components in
manufacturing and construction for
nuclear energy applications;
(III) opportunities to use standard
materials that are in compliance with
existing codes to provide acceptable
approaches to support or encapsulate
new materials that do not yet have
applicable codes; and
(IV) requirements relating to the
transport of a fueled advanced nuclear
reactor core from a manufacturing
licensee to a licensee that holds a
license to construct and operate a
facility at a particular site;
(iii) identify any safety aspects of
innovative advanced manufacturing processes and
advanced construction techniques that are not
addressed by existing codes and standards, so
that generic guidance may be updated or
created, as necessary;
(iv) identify options for addressing the
issues, requirements, and opportunities
examined under clauses (i) and (ii)--
(I) within the existing regulatory
framework; or
(II) through a new rulemaking;
(v) identify how addressing the issues,
requirements, and opportunities examined under
clauses (i) and (ii) will impact opportunities
for domestic nuclear manufacturing and
construction developers; and
(vi) describe the extent to which
Commission action is needed to implement any
matter described in the report.
(B) Cost estimates, budgets, and timeframes.--The
report shall include cost estimates, proposed budgets,
and proposed timeframes for implementing risk-informed
and performance-based regulatory guidance for
manufacturing and construction for nuclear energy
applications.
(p) Nuclear Energy Traineeship.--Section 313 of division C of the
Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is amended--
(1) in subsection (a), by striking ``Nuclear Regulatory'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (c)'' after
``paragraph (2)'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph
(5); and
(B) by striking paragraph (1) and inserting the
following:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(4) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).'';
(4) in subsection (d)(2), by striking ``Nuclear
Regulatory'';
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(6) by inserting after subsection (b) the following:
``(c) Nuclear Energy Traineeship Subprogram.--
``(1) In general.--The Commission shall establish, as a
subprogram of the Program, a nuclear energy traineeship
subprogram under which the Commission, in coordination with
institutions of higher education and trade schools, shall
competitively award traineeships that provide focused training
to meet critical mission needs of the Commission and nuclear
workforce needs, including needs relating to the nuclear
tradecraft workforce.
``(2) Requirements.--In carrying out the nuclear energy
traineeship subprogram described in paragraph (1), the
Commission shall--
``(A) coordinate with the Secretary of Energy to
prioritize the funding of traineeships that focus on--
``(i) nuclear workforce needs; and
``(ii) critical mission needs of the
Commission;
``(B) encourage appropriate partnerships among--
``(i) National Laboratories;
``(ii) institutions of higher education;
``(iii) trade schools;
``(iv) the nuclear energy industry; and
``(v) other entities, as the Commission
determines to be appropriate; and
``(C) on an annual basis, evaluate nuclear
workforce needs for the purpose of implementing
traineeships in focused topical areas that--
``(i) address the workforce needs of the
nuclear energy community; and
``(ii) support critical mission needs of
the Commission.''.
(q) Report on Commission Readiness and Capacity to License
Additional Conversion and Enrichment Capacity to Reduce Reliance on
Uranium From Russia.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress, the Committee on Foreign
Relations of the Senate, the Committee on Energy and Natural
Resources of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on the readiness and
capacity of the Commission to license additional conversion and
enrichment capacity at existing and new fuel cycle facilities
to reduce reliance on nuclear fuel that is recovered,
converted, enriched, or fabricated by an entity that--
(A) is owned or controlled by the Government of the
Russian Federation; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, the Russian Federation.
(2) Contents.--The report required under paragraph (1)
shall analyze how the capacity of the Commission to license
additional conversion and enrichment capacity at existing and
new fuel cycle facilities may conflict with or restrict the
readiness of the Commission to review advanced nuclear reactor
applications.
(r) Annual Report on the Spent Nuclear Fuel and High-level
Radioactive Waste Inventory in the United States.--
(1) Definitions.--In this subsection:
(A) High-level radioactive waste.--The term ``high-
level radioactive waste'' has the meaning given the
term in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101).
(B) Spent nuclear fuel.--The term ``spent nuclear
fuel'' has the meaning given the term in section 2 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(C) Standard contract.--The term ``standard
contract'' has the meaning given the term ``contract''
in section 961.3 of title 10, Code of Federal
Regulations (or a successor regulation).
(2) Report.--Not later than January 1, 2025, and annually
thereafter, the Secretary of Energy shall submit to Congress a
report that describes--
(A) the annual and cumulative amount of payments
made by the United States to the holder of a standard
contract due to a partial breach of contract under the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.) resulting in financial damages to the holder;
(B) the cumulative amount spent by the Department
of Energy since fiscal year 2008 to reduce future
payments projected to be made by the United States to
any holder of a standard contract due to a partial
breach of contract under the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.);
(C) the cumulative amount spent by the Department
of Energy to store, manage, and dispose of spent
nuclear fuel and high-level radioactive waste in the
United States as of the date of the report;
(D) the projected lifecycle costs to store, manage,
transport, and dispose of the projected inventory of
spent nuclear fuel and high-level radioactive waste in
the United States, including spent nuclear fuel and
high-level radioactive waste expected to be generated
from existing reactors through 2050;
(E) any mechanisms for better accounting of
liabilities for the lifecycle costs of the spent
nuclear fuel and high-level radioactive waste inventory
in the United States;
(F) any recommendations for improving the methods
used by the Department of Energy for the accounting of
spent nuclear fuel and high-level radioactive waste
costs and liabilities;
(G) any actions taken in the previous fiscal year
by the Department of Energy with respect to interim
storage; and
(H) any activities taken in the previous fiscal
year by the Department of Energy to develop and deploy
nuclear technologies and fuels that enhance the safe
transportation or storage of spent nuclear fuel or
high-level radioactive waste, including technologies to
protect against seismic, flooding, and other extreme
weather events.
(s) Authorization of Appropriations for Superfund Actions at
Abandoned Mining Sites on Tribal Land.--
(1) Definitions.--In this subsection:
(A) Eligible non-NPL site.--The term ``eligible
non-NPL site'' means a site--
(i) that is not on the National Priorities
List; but
(ii) with respect to which the
Administrator determines that--
(I) the site would be eligible for
listing on the National Priorities List
based on the presence of hazards from
contamination at the site, applying the
hazard ranking system described in
section 105(c) of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9605(c)); and
(II) for removal site evaluations,
engineering evaluations/cost analyses,
remedial planning activities, remedial
investigations and feasibility studies,
and other actions taken pursuant to
section 104(b) of that Act (42 U.S.C.
9604), the site--
(aa) has undergone a pre-
CERCLA screening; and
(bb) is included in the
Superfund Enterprise Management
System.
(B) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(C) National priorities list.--The term ``National
Priorities List'' means the National Priorities List
developed by the President in accordance with section
105(a)(8)(B) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9605(a)(8)(B)).
(D) Remedial action; removal; response.--The terms
``remedial action'', ``removal'', and ``response'' have
the meanings given those terms in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(E) Tribal land.--The term ``Tribal land'' has the
meaning given the term ``Indian country'' in section
1151 of title 18, United States Code.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2023 through 2032,
to remain available until expended--
(A) $97,000,000 to the Administrator to carry out
this subsection (except for paragraph (4)); and
(B) $3,000,000 to the Administrator of the Agency
for Toxic Substances and Disease Registry to carry out
paragraph (4).
(3) Uses of amounts.--Amounts appropriated under paragraph
(2)(A) shall be used by the Administrator--
(A) to carry out removal actions on abandoned mine
land located on Tribal land;
(B) to carry out response actions, including
removal and remedial planning activities, removal and
remedial studies, remedial actions, and other actions
taken pursuant to section 104(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(b)) on abandoned mine land
located on Tribal land at--
(i) eligible non-NPL sites; and
(ii) sites listed on the National
Priorities List; and
(C) to make grants under paragraph (5).
(4) Health assessments.--Subject to the availability of
appropriations, the Agency for Toxic Substances and Disease
Registry, in coordination with Tribal health authorities, shall
perform 1 or more health assessments at each eligible non-NPL
site that is located on Tribal land, in accordance with section
104(i)(6) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(6)).
(5) Tribal grants.--
(A) In general.--The Administrator may use amounts
appropriated under paragraph (2)(A) to make grants to
eligible entities described in subparagraph (B) for the
purposes described in subparagraph (C).
(B) Eligible entities described.--An eligible
entity referred to in subparagraph (A) is--
(i) the governing body of an Indian Tribe;
or
(ii) a legally established organization of
Indians that--
(I) is controlled, sanctioned, or
chartered by the governing bodies of 2
or more Indian Tribes to be served, or
that is democratically elected by the
adult members of the Indian community
to be served, by that organization; and
(II) includes the maximum
participation of Indians in all phases
of the activities of that organization.
(C) Use of grant funds.--A grant under this
paragraph shall be used--
(i) in accordance with the second sentence
of section 117(e)(1) of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9617(e)(1));
(ii) for obtaining technical assistance in
carrying out response actions under clause
(iii); or
(iii) for carrying out response actions, if
the Administrator determines that the Indian
Tribe has the capability to carry out any or
all of those response actions in accordance
with the criteria and priorities established
pursuant to section 105(a)(8) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9605(a)(8)).
(D) Applications.--An eligible entity desiring a
grant under this paragraph shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
(E) Limitations.--A grant under this paragraph
shall be governed by the rules, procedures, and
limitations described in section 117(e)(2) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9617(e)(2)), except
that--
(i) ``Administrator of the Environmental
Protection Agency'' shall be substituted for
``President'' each place it appears in that
section; and
(ii) in the first sentence of that section,
``under subsection (s) of the ADVANCE Act of
2023'' shall be substituted for ``under this
subsection''.
(6) Statute of limitations.--If a remedial action described
in paragraph (3)(B) is scheduled at an eligible non-NPL site,
no action may be commenced for damages (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)) with respect to
that eligible non-NPL site unless the action is commenced
within the timeframe provided for such actions with respect to
facilities on the National Priorities List in the first
sentence of the matter following subparagraph (B) of section
113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
(7) Coordination.--The Administrator shall coordinate with
the Indian Tribe on whose land the applicable site is located
in--
(A) selecting and prioritizing sites for response
actions under subparagraphs (A) and (B) of paragraph
(3); and
(B) carrying out those response actions.
(t) Development, Qualification, and Licensing of Advanced Nuclear
Fuel Concepts.--
(1) In general.--The Commission shall establish an
initiative to enhance preparedness and coordination with
respect to the qualification and licensing of advanced nuclear
fuel.
(2) Agency coordination.--Not later than 180 days after the
date of enactment of this Act, the Commission and the Secretary
of Energy shall enter into a memorandum of understanding--
(A) to share technical expertise and knowledge
through--
(i) enabling the testing and demonstration
of accident tolerant fuels for existing
commercial nuclear reactors and advanced
nuclear reactor fuel concepts to be proposed
and funded, in whole or in part, by the private
sector;
(ii) operating a database to store and
share data and knowledge relevant to nuclear
science and engineering between Federal
agencies and the private sector;
(iii) leveraging expertise with respect to
safety analysis and research relating to
advanced nuclear fuel; and
(iv) enabling technical staff to actively
observe and learn about technologies, with an
emphasis on identification of additional
information needed with respect to advanced
nuclear fuel; and
(B) to ensure that--
(i) the Department of Energy has sufficient
technical expertise to support the timely
research, development, demonstration, and
commercial application of advanced nuclear
fuel;
(ii) the Commission has sufficient
technical expertise to support the evaluation
of applications for licenses, permits, and
design certifications and other requests for
regulatory approval for advanced nuclear fuel;
(iii)(I) the Department of Energy maintains
and develops the facilities necessary to enable
the timely research, development,
demonstration, and commercial application by
the civilian nuclear industry of advanced
nuclear fuel; and
(II) the Commission has access to the
facilities described in subclause (I), as
needed; and
(iv) the Commission consults, as
appropriate, with the modeling and simulation
experts at the Office of Nuclear Energy of the
Department of Energy, at the National
Laboratories, and within industry fuel vendor
teams in cooperative agreements with the
Department of Energy to leverage physics-based
computer modeling and simulation capabilities.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall
submit to the appropriate committees of Congress a
report describing the efforts of the Commission under
paragraph (1), including--
(i) an assessment of the preparedness of
the Commission to review and qualify for use--
(I) accident tolerant fuel;
(II) ceramic cladding materials;
(III) fuels containing silicon
carbide;
(IV) high-assay, low-enriched
uranium fuels;
(V) molten-salt based liquid fuels;
(VI) fuels derived from spent
nuclear fuel or depleted uranium; and
(VII) other related fuel concepts,
as determined by the Commission;
(ii) activities planned or undertaken under
the memorandum of understanding described in
paragraph (2);
(iii) an accounting of the areas of
research needed with respect to advanced
nuclear fuel; and
(iv) any other challenges or considerations
identified by the Commission.
(B) Consultation.--In developing the report under
subparagraph (A), the Commission shall seek input
from--
(i) the Secretary of Energy;
(ii) National Laboratories;
(iii) the nuclear energy industry;
(iv) technology developers;
(v) nongovernmental organizations; and
(vi) other public stakeholders.
(u) Commission Workforce.--
(1) Definition of chairman.--In this subsection, the term
``Chairman'' means the Chairman of the Commission.
(2) Hiring bonus and appointment authority.--
(A) In general.--Notwithstanding section 161 d. of
the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any
provision of Reorganization Plan No. 1 of 1980 (94
Stat. 3585; 5 U.S.C. app.), and any provision of title
5, United States Code, governing appointments and
General Schedule classification and pay rates, the
Chairman may, subject to the limitations described in
subparagraph (C), and without regard to the civil
service laws--
(i) establish the positions described in
subparagraph (B); and
(ii) appoint persons to the positions
established under clause (i).
(B) Positions described.--The positions referred to
in subparagraph (A)(i) are--
(i) permanent or term-limited positions
with highly specialized scientific,
engineering, and technical competencies to
address a critical licensing or regulatory
oversight need for the Commission, including--
(I) health physicist;
(II) reactor operations engineer;
(III) human factors analyst or
engineer;
(IV) risk and reliability analyst
or engineer;
(V) licensing project manager;
(VI) reactor engineer for severe
accidents;
(VII) geotechnical engineer;
(VIII) structural engineer;
(IX) reactor systems engineer;
(X) reactor engineer;
(XI) radiation scientist;
(XII) seismic engineer; and
(XIII) electronics engineer; or
(ii) permanent or term-limited positions to
be filled by exceptionally well-qualified
individuals that the Chairman, subject to
paragraph (5), determines are necessary to
fulfill the mission of the Commission.
(C) Limitations.--
(i) In general.--Appointments under
subparagraph (A)(ii) may be made to not more
than--
(I)(aa) 15 permanent positions
described in subparagraph (B)(i) during
fiscal year 2024; and
(bb) 10 permanent positions
described in subparagraph (B)(i) during
each fiscal year thereafter;
(II)(aa) 15 term-limited positions
described in subparagraph (B)(i) during
fiscal year 2024; and
(bb) 10 term-limited positions
described in subparagraph (B)(i) during
each fiscal year thereafter;
(III)(aa) 15 permanent positions
described in subparagraph (B)(ii)
during fiscal year 2024; and
(bb) 10 permanent positions
described in subparagraph (B)(ii)
during each fiscal year thereafter; and
(IV)(aa) 15 term-limited positions
described in subparagraph (B)(ii)
during fiscal year 2024; and
(bb) 10 term-limited positions
described in subparagraph (B)(ii)
during each fiscal year thereafter.
(ii) Term of term-limited appointment.--If
a person is appointed to a term-limited
position described in clause (i) or (ii) of
subparagraph (B), the term of that appointment
shall not exceed 4 years.
(iii) Staff positions.--Subject to
paragraph (5), appointments made to positions
established under this paragraph shall be to a
range of staff positions that are of entry,
mid, and senior levels, to the extent
practicable.
(D) Hiring bonus.--The Commission may pay a person
appointed under subparagraph (A) a 1-time hiring bonus
in an amount not to exceed the least of--
(i) $25,000;
(ii) the amount equal to 15 percent of the
annual rate of basic pay of the employee; and
(iii) the amount of the limitation that is
applicable for a calendar year under section
5307(a)(1) of title 5, United States Code.
(3) Compensation and appointment authority.--
(A) In general.--Notwithstanding section 161 d. of
the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any
provision of Reorganization Plan No. 1 of 1980 (94
Stat. 3585; 5 U.S.C. app.), and chapter 51, and
subchapter III of chapter 53, of title 5, United States
Code, the Chairman, subject to the limitations
described in subparagraph (C) and without regard to the
civil service laws, may--
(i) establish and fix the rates of basic
pay for the positions described in subparagraph
(B); and
(ii) appoint persons to the positions
established under clause (i).
(B) Positions described.--The positions referred to
in subparagraph (A)(i) are--
(i) positions with highly specialized
scientific, engineering, and technical
competencies to address a critical need for the
Commission, including--
(I) health physicist;
(II) reactor operations engineer;
(III) human factors analyst or
engineer;
(IV) risk and reliability analyst
or engineer;
(V) licensing project manager;
(VI) reactor engineer for severe
accidents;
(VII) geotechnical engineer;
(VIII) structural engineer;
(IX) reactor systems engineer;
(X) reactor engineer;
(XI) radiation scientist;
(XII) seismic engineer; and
(XIII) electronics engineer; or
(ii) positions to be filled by
exceptionally well-qualified persons that the
Chairman, subject to paragraph (5), determines
are necessary to fulfill the mission of the
Commission.
(C) Limitations.--
(i) In general.--The annual rate of basic
pay for a position described in subparagraph
(B) may not exceed the per annum rate of salary
payable for level III of the Executive Schedule
under section 5314 of title 5, United States
Code.
(ii) Number of positions.--Appointments
under subparagraph (A)(ii) may be made to not
more than--
(I) 10 positions described in
subparagraph (B)(i) per fiscal year,
not to exceed a total of 50 positions;
and
(II) 10 positions described in
subparagraph (B)(ii) per fiscal year,
not to exceed a total of 50 positions.
(D) Performance bonus.--
(i) In general.--Subject to clauses (ii)
and (iii), an employee may be paid a 1-time
performance bonus in an amount not to exceed
the least of--
(I) $25,000;
(II) the amount equal to 15 percent
of the annual rate of basic pay of the
person; and
(III) the amount of the limitation
that is applicable for a calendar year
under section 5307(a)(1) of title 5,
United States Code.
(ii) Performance.--Any 1-time performance
bonus under clause (i) shall be made to a
person who demonstrated exceptional performance
in the applicable fiscal year, including--
(I) leading a project team in a
timely, efficient, and predictable
licensing review to enable the safe use
of nuclear technology;
(II) making significant
contributions to a timely, efficient,
and predictable licensing review to
enable the safe use of nuclear
technology;
(III) the resolution of novel or
first-of-a-kind regulatory issues;
(IV) developing or implementing
licensing or regulatory oversight
processes to improve the effectiveness
of the Commission; and
(V) other performance, as
determined by the Chairman, subject to
paragraph (5).
(iii) Limitations.--The Commission may pay
a 1-time performance bonus under clause (i) for
not more than 15 persons per fiscal year, and a
person who receives a 1-time performance bonus
under that clause may not receive another 1-
time performance bonus under that clause for a
period of 5 years thereafter.
(4) Annual solicitation for nuclear regulator
apprenticeship network applications.--The Chairman, on an
annual basis, shall solicit applications for the Nuclear
Regulator Apprenticeship Network.
(5) Application of merit system principles.--To the maximum
extent practicable, appointments under paragraphs (2)(A) and
(3)(A) and any 1-time performance bonus under paragraph (3)(D)
shall be made in accordance with the merit system principles
set forth in section 2301 of title 5, United States Code.
(6) Delegation.--Pursuant to Reorganization Plan No. 1 of
1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall
delegate, subject to the direction and supervision of the
Chairman, the authority provided by paragraphs (2), (3), and
(4) to the Executive Director for Operations of the Commission.
(7) Annual report.--The Commission shall include in the
annual budget justification of the Commission--
(A) information that describes--
(i) the total number of and the positions
of the persons appointed under the authority
provided by paragraph (2);
(ii) the total number of and the positions
of the persons paid at the rate determined
under the authority provided by paragraph
(3)(A);
(iii) the total number of and the positions
of the persons paid a 1-time performance bonus
under the authority provided by paragraph
(3)(D);
(iv) how the authority provided by
paragraphs (2) and (3) is being used, and has
been used during the previous fiscal year, to
address the hiring and retention needs of the
Commission with respect to the positions
described in those subsections to which that
authority is applicable;
(v) if the authority provided by paragraphs
(2) and (3) is not being used, or has not been
used, the reasons, including a justification,
for not using that authority; and
(vi) the attrition levels with respect to
the term-limited appointments made under
paragraph (2), including, with respect to
persons leaving a position before completion of
the applicable term of service, the average
length of service as a percentage of the term
of service;
(B) an assessment of--
(i) the current critical workforce needs of
the Commission, including any critical
workforce needs that the Commission anticipates
in the subsequent 5 fiscal years; and
(ii) further skillsets that are or will be
needed for the Commission to fulfill the
licensing and oversight responsibilities of the
Commission; and
(C) the plans of the Commission to assess, develop,
and implement updated staff performance standards,
training procedures, and schedules.
(8) Report on attrition and effectiveness.--Not later than
September 30, 2032, the Commission shall submit to the
Committees on Appropriations and Environment and Public Works
of the Senate and the Committees on Appropriations and Energy
and Commerce of the House of Representatives a report that--
(A) describes the attrition levels with respect to
the term-limited appointments made under paragraph (2),
including, with respect to persons leaving a position
before completion of the applicable term of service,
the average length of service as a percentage of the
term of service;
(B) provides the views of the Commission on the
effectiveness of the authorities provided by paragraphs
(2) and (3) in helping the Commission fulfill the
mission of the Commission; and
(C) makes recommendations with respect to whether
the authorities provided by paragraphs (2) and (3)
should be continued, modified, or discontinued.
(v) Commission Corporate Support Funding.--
(1) Report.--Not later than 3 years after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress and make publicly available
a report that describes--
(A) the progress on the implementation of section
102(a)(3) of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215(a)(3)); and
(B) whether the Commission is meeting and is
expected to meet the total budget authority caps
required for corporate support under that section.
(2) Limitation on corporate support costs.--Section
102(a)(3) of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215(a)(3)) is amended by striking subparagraphs
(B) and (C) and inserting the following:
``(B) 30 percent for fiscal year 2024 and each
fiscal year thereafter.''.
(3) Corporate support costs clarification.--Paragraph (9)
of section 3 of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215 note; Public Law 115-439) (as redesignated
by subsection (f)(1)(A)) is amended--
(A) by striking ``The term'' and inserting the
following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Exclusions.--The term `corporate support
costs' does not include--
``(i) costs for rent and utilities relating
to any and all space in the Three White Flint
North building that is not occupied by the
Commission; or
``(ii) costs for salaries, travel, and
other support for the Office of the
Commission.''.
(w) Performance and Reporting Update.--Section 102(c) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(c)) is
amended--
(1) in paragraph (3)--
(A) in the paragraph heading, by striking ``180''
and inserting ``90''; and
(B) by striking ``180'' and inserting ``90''; and
(2) by adding at the end the following:
``(4) Periodic updates to metrics and schedules.--
``(A) Review and assessment.--Not less frequently
than once every 3 years, the Commission shall review
and assess, based on the licensing and regulatory
activities of the Commission, the performance metrics
and milestone schedules established under paragraph
(1).
``(B) Revisions.--After each review and assessment
under subparagraph (A), the Commission shall revise and
improve, as appropriate, the performance metrics and
milestone schedules described in that subparagraph to
provide the most efficient metrics and schedules
reasonably achievable.''.
(x) Nuclear Closure Communities.--
(1) Definitions.--In this subsection:
(A) Community advisory board.--The term ``community
advisory board'' means a community committee or other
advisory organization that aims to foster communication
and information exchange between a licensee planning
for and involved in decommissioning activities and
members of the community that decommissioning
activities may affect.
(B) Decommission.--The term ``decommission'' has
the meaning given the term in section 50.2 of title 10,
Code of Federal Regulations (or successor regulations).
(C) Eligible recipient.--The term ``eligible
recipient'' has the meaning given the term in section 3
of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3122).
(D) Licensee.--The term ``licensee'' has the
meaning given the term in section 50.2 of title 10,
Code of Federal Regulations (or successor regulations).
(E) Nuclear closure community.--The term ``nuclear
closure community'' means a unit of local government,
including a county, city, town, village, school
district, or special district, that has been impacted,
or reasonably demonstrates to the satisfaction of the
Secretary that it will be impacted, by a nuclear power
plant licensed by the Commission that--
(i) is not co-located with an operating
nuclear power plant;
(ii) is at a site with spent nuclear fuel;
and
(iii) as of the date of enactment of this
Act--
(I) has ceased operations; or
(II) has provided a written
notification to the Commission that it
will cease operations.
(F) Secretary.--The term ``Secretary'' means the
Secretary of Commerce, acting through the Assistant
Secretary of Commerce for Economic Development.
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a grant
program to provide grants to eligible recipients--
(A) to assist with economic development in nuclear
closure communities; and
(B) to fund community advisory boards in nuclear
closure communities.
(3) Requirement.--In carrying out this subsection, to the
maximum extent practicable, the Secretary shall implement the
recommendations described in the report submitted to Congress
under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled
``Best Practices for Establishment and Operation of Local
Community Advisory Boards Associated with Decommissioning
Activities at Nuclear Power Plants''.
(4) Distribution of funds.--The Secretary shall establish a
formula to ensure, to the maximum extent practicable,
geographic diversity among grant recipients under this
subsection.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Secretary--
(i) to carry out paragraph (2)(A),
$35,000,000 for each of fiscal years 2023
through 2028; and
(ii) to carry out paragraph (2)(B),
$5,000,000 for each of fiscal years 2023
through 2025.
(B) Availability.--Amounts made available under
this subsection shall remain available for a period of
5 years beginning on the date on which the amounts are
made available.
(C) No offset.--None of the funds made available
under this subsection may be used to offset the funding
for any other Federal program.
(y) Technical Correction.--Section 104 c. of the Atomic Energy Act
of 1954 (42 U.S.C. 2134(c)) is amended--
(1) by striking the third sentence and inserting the
following:
``(3) Limitation on utilization facilities.--The Commission
may issue a license under this section for a utilization
facility useful in the conduct of research and development
activities of the types specified in section 31 if--
``(A) not more than 75 percent of the annual costs
to the licensee of owning and operating the facility
are devoted to the sale, other than for research and
development or education and training, of--
``(i) nonenergy services;
``(ii) energy; or
``(iii) a combination of nonenergy services
and energy; and
``(B) not more than 50 percent of the annual costs
to the licensee of owning and operating the facility
are devoted to the sale of energy.'';
(2) in the second sentence, by striking ``The Commission''
and inserting the following:
``(2) Regulation.--The Commission''; and
(3) by striking ``c. The Commission'' and inserting the
following:
``c. Research and Development Activities.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission''.
(z) Report on Engagement With the Government of Canada With Respect
to Nuclear Waste Issues in the Great Lakes Basin.--Not later than 1
year after the date of enactment of this Act, the Commission shall
submit to the appropriate committees of Congress, the Committee on
Foreign Relations of the Senate, the Committee on Energy and Natural
Resources of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a report describing any engagement between the
Commission and the Government of Canada with respect to nuclear waste
issues in the Great Lakes Basin.
(aa) Savings Clause.--Nothing in this section affects authorities
of the Department of State.
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Department of
State Authorization Act of 2023''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all
Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Increased accountability in assignment restrictions and
reviews.
Sec. 6109. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6110. Diplomatic security fellowship programs.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program .
Sec. 6207. Consideration of career civil servants as chiefs of
missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Protection of retirement annuity for reemployment by
Department.
Sec. 6212. Efforts to improve retention and prevent retaliation.
Sec. 6213. National advertising campaign.
Sec. 6214. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Per diem allowance for newly hired members of the Foreign
Service.
Sec. 6223. Improving mental health services for foreign and civil
servants.
Sec. 6224. Emergency back-up care.
Sec. 6225. Authority to provide services to non-chief of mission
personnel.
Sec. 6226. Exception for government-financed air transportation.
Sec. 6227. Enhanced authorities to protect locally employed staff
during emergencies.
Sec. 6228. Internet at hardship posts.
Sec. 6229. Competitive local compensation plan.
Sec. 6230. Supporting tandem couples in the Foreign Service.
Sec. 6231. Accessibility at diplomatic missions.
Sec. 6232. Report on breastfeeding accommodations overseas.
Sec. 6233. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6234. Education allowance for dependents of Department of State
employees located in United States
territories.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer
of the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the
Department of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to
cyber attack.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Overseas placement of special appointment positions.
Sec. 6408. Resources for United States nationals unlawfully or
wrongfully detained abroad.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6503. Chief of mission economic responsibilities.
Sec. 6504. Direction to embassy deal teams.
Sec. 6505. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. International broadcasting.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Extension of Global Engagement Center.
Sec. 6607. Paperwork Reduction Act.
Sec. 6608. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Internships of United States nationals at international
organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Modification to transparency on international agreements and
non-binding instruments.
Sec. 6704. Report on partner forces utilizing United States security
assistance identified as using hunger as a
weapon of war.
Sec. 6705. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6706. Special envoys.
Sec. 6707. US-ASEAN Center.
Sec. 6708. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6709. Modification and repeal of reports.
Sec. 6710. Modification of Build Act of 2018 to prioritize projects
that advance national security.
Sec. 6711. Permitting for international bridges.
TITLE LXVIII--AUKUS MATTERS
Sec. 6801. Definitions.
Subtitle A--Outlining the AUKUS Partnership
Sec. 6811. Statement of policy on the AUKUS partnership.
Sec. 6812. Senior Advisor for the AUKUS partnership at the Department
of State.
Subtitle B--Authorization for AUKUS Submarine Training
Sec. 6823. Australia, United Kingdom, and United States submarine
security training.
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
Sec. 6831. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 6832. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the
United Kingdom through Foreign Military
Sales and Direct Commercial Sales.
Sec. 6833. Export control exemptions and standards.
Sec. 6834. Expedited review of export licenses for exports of advanced
technologies to Australia, the United
Kingdom, and Canada.
Sec. 6835. United States Munitions List.
Subtitle D--Other AUKUS Matters
Sec. 6841. Reporting related to the AUKUS partnership.
SEC. 6002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 6101. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.
During the 3-year period beginning on the date of the enactment of
this Act, the Secretary of State, without regard to the provisions
under sections 3309 through 3318 of title 5, United States Code, may
directly appoint up to 80 candidates to positions in the competitive
service (as defined in section 2102 of such title) at the Department in
the Passport and Visa Examining Series 0967.
SEC. 6102. QUARTERLY REPORT ON PASSPORT WAIT TIMES.
Not later than 30 days after the date of the enactment of this Act,
and quarterly thereafter for the following 3 years, the Secretary shall
submit a report to the appropriate congressional committees that
describes--
(1) the current estimated wait times for passport
processing;
(2) the steps that have been taken by the Department to
reduce wait times to a reasonable time;
(3) efforts to improve the rollout of the online passport
renewal processing program, including how much of passport
revenues the Department is spending on consular systems
modernization;
(4) the demand for urgent passport services by major
metropolitan area;
(5) the steps that have been taken by the Department to
reduce and meet the demand for urgent passport services,
particularly in areas that are greater than 5 hours driving
time from the nearest passport agency; and
(6) how the Department details its staff and resources to
passport services programs.
SEC. 6103. PASSPORT TRAVEL ADVISORIES.
Not later than 180 days after the date of the enactment of this
Act, the Department shall make prominently available in United States
regular passports, on the first three pages of the passport, the
following information:
(1) A prominent, clear advisory for all travelers to check
travel.state.gov for updated travel warnings and advisories.
(2) A prominent, clear notice urging all travelers to
register with the Department prior to overseas travel.
(3) A prominent, clear advisory--
(A) noting that many countries deny entry to
travelers during the last 6 months of their passport
validity period; and
(B) urging all travelers to renew their passport
not later than 1 year prior to its expiration.
SEC. 6104. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES FOR ALL
AMERICANS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit a strategy to the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives for ensuring reasonable access to passport services for
all Americans, which shall include--
(1) a detailed strategy describing how the Department
could--
(A) by not later than 1 year after submission of
the strategy, reduce passport processing times to an
acceptable average for renewals and for expedited
service; and
(B) by not later than 2 years after the submission
of the strategy, provide United States residents living
in a significant population center more than a 5-hour
drive from a passport agency with urgent, in-person
passport services, including the possibility of
building new passport agencies; and
(2) a description of the specific resources required to
implement the strategy.
SEC. 6105. STRENGTHENING THE NATIONAL PASSPORT INFORMATION CENTER.
(a) Sense of Congress.--It is the sense of Congress that passport
wait times since 2021 have been unacceptably long and have created
frustration among those seeking to obtain or renew passports.
(b) Online Chat Feature.--The Department should develop an online
tool with the capability for customers to correspond with customer
service representatives regarding questions and updates pertaining to
their application for a passport or for the renewal of a passport.
(c) GAO Report.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall initiate a review of NPIC operations, which shall include an
analysis of the extent to which NPIC--
(1) responds to constituent inquiries by telephone,
including how long constituents are kept on hold and their
ability to be placed in a queue;
(2) provides personalized customer service;
(3) maintains its telecommunications infrastructure to
ensure it effectively handles call volumes; and
(4) other relevant issues the Comptroller General deems
appropriate.
SEC. 6106. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND TRANSPARENCY.
(a) Online Status Tool.--Not later than 2 years after the date of
the enactment of this Act, the Department should modernize the online
passport application status tool to include, to the greatest extent
possible, step by step updates on the status of their application,
including with respect to the following stages:
(1) Submitted for processing.
(2) In process at a lockbox facility.
(3) Awaiting adjudication.
(4) In process of adjudication.
(5) Adjudicated with a result of approval or denial.
(6) Materials shipped.
(b) Additional Information.--The tool pursuant to subsection (a)
should include a display that informs each passport applicant of--
(1) the date on which his or her passport application was
received; and
(2) the estimated wait time remaining in the passport
application process.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Assistant Secretary of State for Consular Affairs
shall submit a report to the appropriate congressional committees that
outlines a plan for coordinated comprehensive public outreach to
increase public awareness and understanding of--
(1) the online status tool required under subsection (a);
(2) passport travel advisories required under section 6103;
and
(3) passport wait times.
SEC. 6107. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.
(a) Report.--The Assistant Secretary of State for Consular Affairs
shall submit an annual report for 5 years to the appropriated
congressional committees that describes--
(1) the number of incoming authentication requests, broken
down by month and type of request, to show seasonal
fluctuations in demand;
(2) the average time taken by the Office of Authentications
of the Department of State to authenticate documents, broken
down by month to show seasonal fluctuations in wait times;
(3) how the Department of State details staff to the Office
of Authentications; and
(4) the impact that hiring additional, permanent, dedicated
staff for the Office of Authentications would have on the
processing times referred to in paragraph (2).
(b) Authorization.--The Secretary of State is authorized to hire
additional, permanent, dedicated staff for the Office of
Authentications.
SEC. 6108. INCREASED ACCOUNTABILITY IN ASSIGNMENT RESTRICTIONS AND
REVIEWS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of policies to restrict personnel from serving
in certain assignments may undermine the Department's ability
to deploy relevant cultural and linguistic skills at diplomatic
posts abroad if not applied judiciously; and
(2) the Department should continuously evaluate all
processes relating to assignment restrictions, assignment
reviews, and preclusions at the Department.
(b) Notification of Status.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary shall--
(1) provide a status update for all Department personnel
who, prior to such date of enactment, were subject to a prior
assignment restriction, assignment review, or preclusion for
whom a review or decision related to assignment is pending; and
(2) on an ongoing basis, provide a status update for any
Department personnel who has been the subject of a pending
assignment restriction or pending assignment review for more
than 30 days.
(c) Notification Content.--The notification required under
subsection (b) shall inform relevant personnel, as of the date of the
notification--
(1) whether any prior assignment restriction has been
lifted;
(2) if their assignment status is subject to ongoing
review, and an estimated date for completion; and
(3) if they are subject to any other restrictions on their
ability to serve at posts abroad.
(d) Adjudication of Ongoing Assignment Reviews.--
(1) Time limit.--The Department shall establish a
reasonable time limit for the Department to complete an
assignment review and establish a deadline by which it must
inform personnel of a decision related to such a review.
(2) Appeals.--For any personnel the Department determines
are ineligible to serve in an assignment due to an assignment
restriction or assignment review, a Security Appeal Panel shall
convene not later than 120 days of an appeal being filed.
(3) Entry-level bidding process.--The Department shall
include a description of the assignment review process and
critical human intelligence threat posts in a briefing to new
officers as part of their entry-level bidding process.
(4) Point of contact.--The Department shall designate point
of contacts in the Bureau of Diplomatic Security and Bureau of
Global Talent Management to answer employee and Career
Development Officer questions about assignment restrictions,
assignment reviews, and preclusions.
(e) Security Appeal Panel.--Not later than 90 days after the date
of the enactment of this Act, the Security Appeal Panel shall be
comprised of--
(1) the head of an office responsible for human resources
or discrimination who reports directly to the Secretary;
(2) the Principal Deputy Assistant Secretary for the Bureau
of Global Talent Management;
(3) the Principal Deputy Assistant Secretary for the Bureau
of Intelligence and Research;
(4) an Assistant Secretary or Deputy, or equivalent, from a
third bureau as designated by the Under Secretary for
Management;
(5) a representative from the geographic bureau to which
the restriction applies; and
(6) a representative from the Office of the Legal Adviser
and a representative from the Bureau of Diplomatic Security,
who shall serve as non-voting advisors.
(f) Appeal Rights.--Section 414(a) of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by
striking the first two sentences and inserting ``The Secretary shall
establish and maintain a right and process for employees to appeal a
decision related to an assignment, based on a restriction, review, or
preclusion. Such right and process shall ensure that any such employee
shall have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance.''.
(g) FAM Update.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall amend all relevant
provisions of the Foreign Service Manual, and any associated or related
policies of the Department, to comply with this section.
SEC. 6109. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE
INSTRUCTORS.
The Secretary shall ensure that all instructors at the Foreign
Service Institute, including direct hires and contractors, who provide
language instruction are--
(1) subject to suitability reviews and background
investigations; and
(2) subject to continuous vetting or reinvestigations to
the extend consistent with Department and Executive policy for
other Department personnel.
SEC. 6110. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Diplomatic Security Fellowship Programs.--
``(1) Establishment.--The Secretary of State, working
through the Assistant Secretary for Diplomatic Security, is
authorized to establish Diplomatic Security fellowship programs
to provide grants to United States nationals pursuing
undergraduate studies who commit to pursuing a career as a
special agent, security engineering officer, or in the civil
service in the Bureau of Diplomatic Security.
``(2) Rulemaking.--The Secretary is authorized to
promulgate regulations for the administration of Diplomatic
Security fellowship programs that set forth--
``(A) the eligibility requirements for receiving a
grant under this subsection;
``(B) the process by which eligible applicants may
request such a grant;
``(C) the maximum amount of such a grant; and
``(D) the educational progress to which all grant
recipients are obligated.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 for each of fiscal years 2024 through 2028 to
carry out this section.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.
Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C.
4003(b)) is amended--
(1) by redesignating paragraph (2), (3), and (4) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) experience serving at an international organization,
multilateral institution, or engaging in multinational
negotiations;
``(3) willingness to serve in hardship posts overseas or
across geographically distinct regions;
``(4) experience advancing policies or developing expertise
that enhance the United States' competitiveness with regard to
critical and emerging technologies;
``(5) willingness to participate in appropriate and
relevant professional development opportunities offered by the
Foreign Service Institute or other educational institutions
associated with the Department;
``(6) willingness to enable and encourage subordinates at
various levels to avail themselves of appropriate and relevant
professional development opportunities offered by the Foreign
Service Institute or other educational institutions associated
with the Department;''.
SEC. 6202. HIRING AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should possess hiring authorities to
enable recruitment of individuals representative of the nation
with special skills needed to address 21st century diplomacy
challenges; and
(2) the Secretary shall conduct a survey of hiring
authorities held by the Department to identify--
(A) hiring authorities already authorized by
Congress;
(B) others authorities granted through Presidential
decree or executive order; and
(C) any authorities needed to enable recruitment of
individuals with the special skills described in
paragraph (1).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives a report that includes a
description of all existing hiring authorities and legislative
proposals on any new needed authorities.
(c) Special Hiring Authority.--For an initial period of not more
than 3 years after the date of the enactment of this Act, the Secretary
may appoint, without regard to the provisions of sections 3309 through
3318 of title 5, United States Code, up to 80 candidates directly to
positions in the competitive service at the Department, as defined in
section 2102 of that title, in the following occupational series: 25
candidates under 1560 Data Science, 25 candidates under 2210
Information Technology Management, and 30 candidates under 0201 Human
Resources Management.
SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT INTERNS.
For up to 2 years following the end of a compensated internship at
the Department, the Department may offer employment to up to 25 such
interns and appoint them directly to positions in the competitive
service, as defined in section 2102 of title 5, United States Code,
without regard to the provisions of sections 3309 through 3318 of such
title.
SEC. 6204. LATERAL ENTRY PROGRAM.
(a) In General.--Section 404 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1928) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``3-year'' and inserting ``5-year'';
(B) in paragraph (5), by striking ``; and'';
(C) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
``(7) does not include the use of Foreign Service-Limited
or other noncareer Foreign Service hiring authorities; and
``(8) includes not fewer than 30 participants for each year
of the pilot program.''; and
(2) by adding at the end the following new subsection:
``(e) Certification.--If the Secretary does not commence the
lateral entry program within 180 days after the date of the enactment
of this subsection, the Secretary shall submit a report to the
appropriate congressional committees--
``(1) certifying that progress is being made on
implementation of the pilot program and describing such
progress, including the date on which applicants will be able
to apply;
``(2) estimating the date by which the pilot program will
be fully implemented;
``(3) outlining how the Department will use the Lateral
Entry Program to fill needed skill sets in key areas such as
cyberspace, emerging technologies, economic statecraft,
multilateral diplomacy, and data and other sciences.''.
SEC. 6205. MID-CAREER MENTORING PROGRAM.
(a) Authorization.--The Secretary, in collaboration with the
Director of the Foreign Service Institute, is authorized to establish a
Mid-Career Mentoring Program (referred to in this section as the
``Program'') for employees who have demonstrated outstanding service
and leadership.
(b) Selection.--
(1) Nominations.--The head of each bureau shall
semiannually nominate participants for the Program from a pool
of applicants in the positions described in paragraph (2)(B),
including from posts both domestically and abroad.
(2) Submission of slate of nominees to secretary.--The
Director of the Foreign Service Institute, in consultation with
the Director General of the Foreign Service, shall
semiannually--
(A) vet the nominees most recently nominated
pursuant to paragraph (1); and
(B) submit to the Secretary a slate of applicants
to participate in the Program, who shall consist of at
least--
(i) 10 Foreign Service Officers and
specialists classified at the FS-03 or FS-04
level of the Foreign Service Salary Schedule;
(ii) 10 Civil Service employees classified
at GS-12 or GS-13 of the General Schedule; and
(iii) 5 Foreign Service Officers from the
United States Agency for International
Development.
(3) Final selection.--The Secretary shall select the
applicants who will be invited to participate in the Program
from the slate received pursuant to paragraph (2)(B) and extend
such an invitation to each selected applicant.
(4) Merit principles.--Section 105 of the Foreign Service
Act of 1980 (22 U.S.C. 3905) shall apply to nominations,
submissions to the Secretary, and selections for the Program
under this section.
(c) Program Sessions.--
(1) Frequency; duration.--All of the participants who
accept invitations extended pursuant to subsection (b)(3) shall
meet 3 to 4 times per year for training sessions with high-
level leaders of the Department and USAID, including private
group meetings with the Secretary and the Administrator of the
United States Agency for International Development.
(2) Themes.--Each session referred to in paragraph (1)
shall focus on specific themes developed jointly by the Foreign
Service Institute and the Executive Secretariat focused on
substantive policy issues and leadership practices.
(d) Mentoring Program.--The Secretary and the Administrator each is
authorized to establish a mentoring and coaching program that pairs a
senior leader of the Department or USAID with each of the program
participants who complete the Program during the 1-year period
immediately following their participation in the Program.
(e) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary shall submit a report to the appropriate congressional
committees that describes the activities of the Program during the most
recent year and includes disaggregated demographic data on participants
in the Program.
SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE'S LANGUAGE PROGRAM.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall submit a report to the appropriate congressional
committees that includes--
(1) the average pass and fail rates for language programs
at the Foreign Service Institute disaggregated by language
during the 5-year period immediately preceding the date of the
enactment of this Act;
(2) the number of language instructors at the Foreign
Service Institute, and a comparison of the instructor/student
ratio in the language programs at the Foreign Service Institute
disaggregated by language;
(3) salaries for language instructors disaggregated by
language, and a comparison to salaries for instructors teaching
languages in comparable employment;
(4) recruitment and retention plans for language
instructors, disaggregated by language where necessary and
practicable; and
(5) any plans to increase pass rates for languages with
high failure rates.
SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS OF
MISSIONS.
Section 304(b) of the Foreign Service Act of 1980 (22 U.S.C. 3944)
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary shall also furnish to the President, on an
annual basis and to assist the President in selecting qualified
candidates for appointments or assignments as chief of mission, the
names of between 5 and 10 career civil servants serving at the
Department of State or the United States Agency for International
Development who are qualified to serve as chiefs of mission, together
with pertinent information about such individuals.''.
SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.
(a) Establishment of Pilot Rotational Program for Civil Service.--
Not later than 180 days after the date of the enactment of this Act,
the Secretary shall establish a program to provide qualified civil
servants serving at the Department an opportunity to serve at a United
States embassy, including identifying criteria and an application
process for such program.
(b) Program.--The program established under this section shall--
(1) provide at least 20 career civil servants the
opportunity to serve for 2 to 3 years at a United States
embassy to gain additional skills and experience;
(2) offer such civil servants the opportunity to serve in a
political or economic section at a United States embassy; and
(3) include clear and transparent criteria for eligibility
and selection, which shall include a minimum of 5 years of
service at the Department.
(c) Subsequent Position and Promotion.--Following a rotation at a
United States embassy pursuant to the program established by this
section, participants in the program must be afforded, at minimum, a
position equivalent in seniority, compensation, and responsibility to
the position occupied prior serving in the program. Successful
completion of a rotation at a United States embassy shall be considered
favorably with regard to applications for promotion in civil service
jobs at the Department.
(d) Implementation.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall identify not less than 20
positions in United States embassies for the program established under
this section and offered at least 20 civil servants the opportunity to
serve in a rotation at a United States embassy pursuant to this
section.
SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.
Not later than 30 days following the end of each calendar quarter,
the Secretary shall submit to the appropriate congressional
committees--
(1) a list of every chief of mission or United States
representative overseas with the rank of Ambassador who, during
the prior quarter, was outside a country of assignment for more
than 14 cumulative days for purposes other than official travel
or temporary duty orders; and
(2) the number of days each such chief of mission or United
States representative overseas with the rank of Ambassador was
outside a country of assignment during the previous quarter for
purposes other than official travel or temporary duty orders.
SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF MISSION.
Not later than April 1, 2024, and annually thereafter for the next
4 years, the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) the Foreign Service cone of each current chief of
mission and deputy chief of mission (or whoever is acting in
the capacity of chief or deputy chief if neither is present)
for each United States embassy at which there is a Foreign
Service office filling either of those positions; and
(2) aggregated data for all chiefs of mission and deputy
chiefs of mission described in paragraph (1), disaggregated by
cone.
SEC. 6211. PROTECTION OF RETIREMENT ANNUITY FOR REEMPLOYMENT BY
DEPARTMENT.
(a) No Termination or Reduction of Retirement Annuity or Pay for
Reemployment.--Notwithstanding section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064), if a covered annuitant becomes employed by
the Department--
(1) the payment of any retirement annuity, retired pay, or
retainer pay otherwise payable to the covered annuitant shall
not terminate; and
(2) the amount of the retirement annuity, retired pay, or
retainer pay otherwise payable to the covered annuitant shall
not be reduced.
(b) Covered Annuitant Defined.--In this section, the term ``covered
annuitant'' means any individual who is receiving a retirement annuity
under--
(1) the Foreign Service Retirement and Disability System
under subchapter I of chapter 8 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4041 et seq.); or
(2) the Foreign Service Pension System under subchapter II
of such chapter (22 U.S.C. 4071 et seq.).
SEC. 6212. EFFORTS TO IMPROVE RETENTION AND PREVENT RETALIATION.
(a) Streamlined Reporting.--Not later than one year after the date
of the enactment of this Act, the Secretary shall establish a single
point of initial reporting for allegations of discrimination, bullying,
and harassment that provides an initial review of the allegations and,
if necessary, the ability to file multiple claims based on a single
complaint.
(b) Climate Surveys of Employees of the Department.--
(1) Required biennial surveys.--Not later than 180 days
after the date of the enactment of this Act and every 2 years
thereafter, the Secretary shall conduct a Department-wide
survey of all Department personnel regarding harassment,
discrimination, bullying, and related retaliation that includes
workforce perspectives on the accessibility and effectiveness
of the Bureau of Global Talent Management and Office of Civil
Rights in the efforts and processes to address these issues.
(2) Required annual surveys.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary shall conduct an annual
employee satisfaction survey to assess the level of job
satisfaction, work environment, and overall employee
experience within the Department.
(B) Open-ended responses.--The survey required
under subparagraph (A) shall include options for open-
ended responses.
(C) Survey questions.--The survey shall include
questions regarding--
(i) work-life balance;
(ii) compensation and benefits;
(iii) career development opportunities;
(iv) the performance evaluation and
promotion process, including fairness and
transparency;
(v) communication channels and
effectiveness;
(vi) leadership and management;
(vii) organizational culture;
(viii) awareness and effectiveness of
complaint measures;
(ix) accessibility and accommodations;
(x) availability of transportation to and
from a work station;
(xi) information technology infrastructure
functionality and accessibility;
(xii) the employee's understanding of the
Department's structure, mission, and goals;
(xiii) alignment and relevance of work to
the Department's mission; and
(xiv) sense of empowerment to affect
positive change.
(3) Required exit surveys.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
develop and implement a standardized, confidential exit
survey process that includes anonymous feedback and
exit interviews with employees who voluntarily separate
from the Department, whether through resignation,
retirement, or other means.
(B) Scope.--The exit surveys conducted pursuant to
subparagraph (A)shall--
(i) be designed to gather insights and
feedback from departing employees regarding--
(I) their reasons for leaving,
including caretaking responsibilities,
career limitations for partner or
spouse, and discrimination, harassment,
bullying, or retaliation;
(II) their overall experience with
the Department; and
(III) any suggestions for
improvement; and
(ii) include questions related to--
(I) the employee's reasons for
leaving;
(II) job satisfaction;
(III) work environment;
(IV) professional growth
opportunities;
(V) leadership effectiveness;
(VI) suggestions for enhancing the
Department's performance; and
(VII) if applicable, the name and
industry of the employee's future
employer.
(C) Compilation of results.--The Secretary shall
compile and analyze the anonymized exit survey data
collected pursuant to this paragraph to identify
trends, common themes, and areas needing improvement
within the Department.
(4) Pilot surveys.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall conduct a
Department-wide survey for Locally Employed Staff regarding
retention, training, promotion, and other matters, including
harassment, discrimination, bullying, and related retaliation,
that includes workforce perspectives on the accessibility and
effectiveness of complaint measures.
(5) Report.--Not later than 60 days after the conclusion of
each survey conducted pursuant to this subsection, the
Secretary shall make the key findings available to the
Department workforce and shall submit them to the appropriate
congressional committees.
(c) Retaliation Prevention Efforts.--
(1) Employee evaluation.--
(A) In general.--If there is a pending
investigation of discrimination, bullying, or
harassment against a superior who is responsible for
rating or reviewing the complainant employee, the
complainant shall be reviewed by the superior's
supervisor.
(B) Effective date.--This paragraph shall take
effect 90 days after the date of the enactment of this
Act.
(2) Retaliation prevention guidance.--Any Department
employee against whom an allegation of discrimination,
bullying, or harassment has been made shall receive written
guidance (a ``retaliation hold'') on the types of actions that
can be considered retaliation against the complainant employee.
The employee's immediate supervisor shall also receive the
retaliation hold guidance.
SEC. 6213. NATIONAL ADVERTISING CAMPAIGN.
Not later than 270 days after the date of the enactment of this
Act, the Secretary shall submit a strategy to the appropriate
congressional committees that assesses the potential benefits and costs
of a national advertising campaign to improve the recruitment in the
Civil Service and the Foreign Service by raising public awareness of
the important accomplishments of the Department.
SEC. 6214. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.
Not later than two years after the date of the enactment of this
Act--
(1) the Secretary is authorized to increase the number of
diplomats in the Diplomats in Residence Program from 17 to at
least 20; and
(2) the Administrator of the United States Agency for
International Development is authorized to increase the number
of development diplomats in the Diplomats in Residence Program
from 1 to at least 3.
Subtitle B--Pay, Benefits, and Workforce Matters
SEC. 6221. EDUCATION ALLOWANCE.
(a) In General.--Chapter 9 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4081 et seq.) is amended by adding at the end the
following new section:
``SEC. 908. EDUCATION ALLOWANCE.
``A Department employee who is on leave to perform service in the
uniformed services (as defined in section 4303(13) of title 38, United
States Code) may receive an education allowance if the employee would,
if not for such service, be eligible to receive the education
allowance.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Foreign Service Act of 1980 (22 U.S.C. 3901 note) is amended by
inserting after the item relating to section 907 the following:
``Sec. 908. Education allowance''.
SEC. 6222. PER DIEM ALLOWANCE FOR NEWLY HIRED MEMBERS OF THE FOREIGN
SERVICE.
(a) Per Diem Allowance.--
(1) In general.--Except as provided in paragraph (2), any
newly hired Foreign Service employee who is in initial
orientation training, or any other training expected to last
less than 6 months before transferring to the employee's first
assignment, in the Washington, D.C., area shall, for the
duration of such training, receive a per diem allowance at the
levels prescribed under subchapter I of chapter 57 of title 5,
United States Code.
(2) Limitation on lodging expenses.--A newly hired Foreign
Service employee may not receive any lodging expenses under the
applicable per diem allowance pursuant to paragraph (1) if that
employee--
(A) has a permanent residence in the Washington,
D.C., area (not including Government-supplied housing
during such orientation training or other training);
and
(B) does not vacate such residence during such
orientation training or other training.
(b) Definitions.--In this section--
(1) the term ``per diem allowance'' has the meaning given
that term under section 5701 of title 5, United States Code;
and
(2) the term ``Washington, D.C., area'' means the
geographic area within a 50 mile radius of the Washington
Monument.
SEC. 6223. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND CIVIL
SERVANTS.
(a) Additional Personnel to Address Mental Health.--
(1) In general.--The Secretary shall seek to increase the
number of personnel within the Bureau of Medical Services to
address mental health needs for both foreign and civil
servants.
(2) Employment targets.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall seek to
employ not fewer than 15 additional personnel in the Bureau of
Medical Services, compared to the number of personnel employed
as of the date of the enactment of this Act.
(b) Study.--The Secretary shall conduct a study on the
accessibility of mental health care providers and services available to
Department personnel, including an assessment of--
(1) the accessibility of mental health care providers at
diplomatic posts and in the United States;
(2) the accessibility of inpatient services for mental
health care for Department personnel;
(3) steps that may be taken to improve such accessibility;
(4) the impact of the COVID-19 pandemic on the mental
health of Department personnel, particularly those who served
abroad between March 1, 2020, and December 31, 2022, and
Locally Employed Staff, where information is available;
(5) recommended steps to improve the manner in which the
Department advertises mental health services to the workforce;
and
(6) additional authorities and resources needed to better
meet the mental health needs of Department personnel.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to appropriate
congressional committees a report containing the findings of the study
under subsection (b).
SEC. 6224. EMERGENCY BACK-UP CARE.
(a) In General.--The Secretary and the Administrator for the United
States Agency for International Development are authorized to provide
for unanticipated non-medical care, including childcare, eldercare, and
essential services directly related to caring for an acute injury or
illness, for USAID and Department employees and their family members,
including through the provision of such non-medical services, referrals
to care providers, and reimbursement of reasonable expenses for such
services.
(b) Limitation.--Services provided pursuant to this section shall
not exceed $2,000,000 per fiscal year.
SEC. 6225. AUTHORITY TO PROVIDE SERVICES TO NON-CHIEF OF MISSION
PERSONNEL.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is
amended--
(1) in subsection (g), by striking ``abroad for employees
and eligible family members'' and inserting ``under this
section''; and
(2) by adding at the end the following new subsection:
``(a) Physical and Mental Health Care Services in Special
Circumstances.--
``(1) In general.--The Secretary is authorized to direct
health care providers employed under subsection (c) of this
section to furnish physical and mental health care services to
an individual otherwise ineligible for services under this
section if necessary to preserve life or limb or if intended to
facilitate an overseas evacuation, recovery, or return. Such
services may be provided incidental to the following
activities:
``(A) Activities undertaken abroad pursuant to
section 3 and section 4 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2670, 2671).
``(B) Recovery of hostages or of wrongfully or
unlawfully detained individuals abroad, including
pursuant to section 302 of the Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act (22
U.S.C. 1741).
``(C) Secretarial dispatches to international
disaster sites deployed pursuant to section 207 of the
Aviation Security Improvement Act of 1990 (22 U.S.C.
5506).
``(D) Deployments undertaken pursuant to section
606(a)(6)(A)(iii) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)(6)(A)(iii)).
``(2) Prioritization of other functions.--The Secretary
shall prioritize the allocation of Department resources to the
health care program described in subsections (a) through (g)
above the functions described in paragraph (1).
``(3) Regulations.--The Secretary should prescribe
applicable regulations to implement this section, taking into
account the prioritization in paragraph (2) and the activities
described in paragraph (1).
``(4) Reimbursable basis.--Services rendered under this
subsection shall be provided on a reimbursable basis to the
extent practicable.''.
SEC. 6226. EXCEPTION FOR GOVERNMENT-FINANCED AIR TRANSPORTATION.
(a) Reducing Hardship for Transportation of Domestic Animals.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 40118 of title 49, United States Code, the Department
is authorized to pay for the transportation by a foreign air
carrier of Department personnel and any in-cabin or
accompanying checked baggage or cargo if--
(A) no air carrier holding a certificate under
section 41102 of such title is willing and able to
transport up to 3 domestic animals accompanying such
Federal personnel; and
(B) the transportation is from a place--
(i) outside the United States to a place in
the United States;
(ii) in the United States to a place
outside the United States; or
(iii) outside the United States to another
place outside the United States.
(2) Limitation.--An amount paid pursuant to paragraph (1)
for transportation by a foreign carrier may not be greater than
the amount that would otherwise have been paid had the
transportation been on an air carrier holding a certificate
under section 41102 had that carrier been willing and able to
provide such transportation. If the amount that would otherwise
have been paid to such an air carrier is less than the cost of
transportation on the applicable foreign carrier, the
Department personnel may pay the difference of such amount.
(3) Domestic animal defined.--In this subsection, the term
``domestic animal'' means a dog or a cat.
SEC. 6227. ENHANCED AUTHORITIES TO PROTECT LOCALLY EMPLOYED STAFF
DURING EMERGENCIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) locally employed staff provide essential contributions
at United States diplomatic and consular posts around the
world, including by providing--
(A) security to United States government personnel
serving in the country;
(B) advice, expertise, and other services for the
promotion of political, economic, public affairs,
commercial, security, and other interests of critical
importance to the United States;
(C) a wide range of logistical and administrative
support to every office in each mission working to
advance United States interests around the world,
including services and support vital to the upkeep and
maintenance of United States missions;
(D) consular services to support the welfare and
well-being of United States citizens and to provide for
the expeditious processing of visa applications;
(E) institutional memory on a wide range of embassy
engagements on bilateral issues; and
(F) enduring connections to host country contacts,
both inside and outside the host government, including
within media, civil society, the business community,
academia, the armed forces, and elsewhere; and
(2) locally employed staff make important contributions
that should warrant the United States Government to give due
consideration for their security and safety when diplomatic
missions face emergency situations.
(b) Authorization to Provide Emergency Support.--In emergency
situations, in addition to other authorities that may be available in
emergencies or other exigent circumstances, the Secretary is authorized
to use funds made available to the Department to provide support to
ensure the safety and security of locally employed staff and their
immediate family members, including for--
(1) providing transport or relocating locally employed
staff and their immediate family members to a safe and secure
environment;
(2) providing short-term housing or lodging for up to six
months for locally employed staff and their immediate family
members;
(3) procuring or providing other essential items and
services to support the safety and security of locally employed
staff and their immediate family members.
(c) Temporary Housing.--To ensure the safety and security of
locally employed staff and their immediate family members consistent
with this section, Chiefs of Missions are authorized to allow locally
employed staff and their immediate family members to reside temporarily
in the residences of United States direct hire employees, either in the
host country or other countries, provided that such stays are offered
voluntarily by United States direct hire employees.
(d) Foreign Affairs Manual.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall amend the Foreign
Affairs Manual to reflect the authorizations and requirements of this
section.
(e) Emergency Situation Defined.--In this section, the term
``emergency situation'' means armed conflict, civil unrest, natural
disaster, or other types of instability that pose a threat to the
safety and security of locally employed staff, particularly when and if
a United States diplomatic or consular post must suspend operations.
(f) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing prior actions the Department has taken with regard
to locally employed staff and their immediate family members
following suspensions or closures of United States diplomatic
posts over the prior 10 years, including Kyiv, Kabul, Minsk,
Khartoum, and Juba.
(2) Elements.--The report required under paragraph (1)
shall--
(A) describe any actions the Department took to
assist locally employed staff and their immediate
family members;
(B) identify any obstacles that made providing
support or assistance to locally employed staff and
their immediate family members difficult;
(C) examine lessons learned and propose
recommendations to better protect the safety and
security of locally employed staff and their family
members, including any additional authorities that may
be required; and
(D) provide an analysis of and offer
recommendations on any other steps that could improve
efforts to protect the safety and security of locally
employed staff and their immediate family members.
SEC. 6228. INTERNET AT HARDSHIP POSTS.
Section 3 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``; and'' and inserting
a semicolon;
(2) in subsection (m) by striking the period at the end and
by inserting ``; and''; and
(3) by adding at the end the following new subsection:
``(n) pay expenses to provide internet services in residences owned
or leased by the United States Government in foreign countries for the
use of Department personnel where Department personnel receive a post
hardship differential equivalent to 30 percent or more above basic
compensation.''.
SEC. 6229. COMPETITIVE LOCAL COMPENSATION PLAN.
(a) Establishment and Implementation of Prevailing Wage Rates
Goal.--Section 401(a) of the Department of State Authorities Act,
fiscal year 2017 (22 U.S.C. 3968a(a)) is amended in the matter
preceding paragraph (1), by striking ``periodically'' and inserting
``every 3 years''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a report that includes--
(1) compensation (including position classification) plans
for locally employed staff based upon prevailing wage rates and
compensation practices for corresponding types of positions in
the locality of employment; and
(2) an assessment of the feasibility and impact of changing
the prevailing wage rate goal for positions in the local
compensation plan from the 50th percentile to the 75th
percentile.
SEC. 6230. SUPPORTING TANDEM COUPLES IN THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) challenges finding and maintaining spousal employment
and family dissatisfaction are one of the leading reasons
employees cite for leaving the Department;
(2) tandem Foreign Service personnel represent important
members of the Foreign Service community, who act as force
multipliers for our diplomacy;
(3) the Department can and should do more to keep tandem
couples posted together and consider family member employment
needs when assigning tandem officers; and
(4) common sense steps providing more flexibility in the
assignments process would improve outcomes for tandem officers
without disadvantaging other Foreign Service officers.
(b) Definitions.--In this section:
(1) Family togetherness.--The term ``family togetherness''
means facilitating the placement of Foreign Service personnel
at the same United States diplomatic post when both spouses are
members of a tandem couple of Foreign Service personnel.
(2) Tandem foreign service personnel; tandem.--The terms
``tandem Foreign Service personnel'' and ``tandem'' mean a
member of a couple of which one spouse is a career or career
candidate employee of the Foreign Service and the other spouse
is a career or career candidate employee of the Foreign Service
or an employee of one of the agencies authorized to use the
Foreign Service Personnel System under section 202 of the
Foreign Service Act of 1980 (22 U.S.C. 3922).
(c) Family Togetherness in Assignments.--Not later than 90 days
after the date of enactment of this Act, the Department shall amend and
update its policies to further promote the principle of family
togetherness in the Foreign Service, which shall include the following:
(1) Entry-level foreign service personnel.--The Secretary
shall adopt policies and procedures to facilitate the
assignment of entry-level tandem Foreign Service personnel on
directed assignments to the same diplomatic post or country as
their tandem spouse if they request to be assigned to the same
post or country. The Secretary shall also provide a written
justification to the requesting personnel explaining any denial
of a request that would result in a tandem couple not serving
together at the same post or country.
(2) Tenured foreign service personnel.--The Secretary shall
add family togetherness to the criteria when making a needs of
the Service determination, as defined by the Foreign Affairs
Manual, for the placement of tenured tandem Foreign Service
personnel at United States diplomatic posts.
(3) Updates to antinepotism policy.--The Secretary shall
update antinepotism policies so that nepotism rules only apply
when an employee and a relative are placed into positions
wherein they jointly and exclusively control government
resources, property, or money or establish government policy.
(4) Temporary supervision of tandem spouse.--The Secretary
shall update policies to allow for a tandem spouse to
temporarily supervise another tandem spouse for up to 90 days
in a calendar year, including at a United States diplomatic
mission.
(d) Report.--Not later than 90 days after the date of enactment of
this Act, and annually thereafter for two years, the Secretary shall
submit to the appropriate congressional committees a report that
includes--
(1) the number of Foreign Service tandem couples currently
serving;
(2) the number of Foreign Service tandems currently serving
in separate locations, or, to the extent possible, are on leave
without pay (LWOP); and
(3) an estimate of the cost savings that would result if
all Foreign Service tandem couples were placed at a single
post.
SEC. 6231. ACCESSIBILITY AT DIPLOMATIC MISSIONS.
Not later than 180 days after the date of the enactment of this
Act, the Department shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a report
that includes--
(1) a list of the overseas United States diplomatic
missions that, as of the date of the enactment of this Act, are
not readily accessible to and usable by individuals with
disabilities;
(2) any efforts in progress to make such missions readily
accessible to and usable by individuals with disabilities; and
(3) an estimate of the cost to make all such missions
readily accessible to and usable by individuals with
disabilities.
SEC. 6232. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) a detailed report on the Department's efforts to equip
100 percent of United States embassies and consulates with
dedicated lactation spaces, other than bathrooms, that are
shielded from view and free from intrusion from coworkers and
the public for use by employees, including the expected demand
for such space as well as the status of such rooms when there
is no demand for such space; and
(2) a description of costs and other resources needed to
provide such spaces.
SEC. 6233. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE TRANSFERS BETWEEN
FOREIGN SERVICE OFFICERS.
The Secretary shall assess the effectiveness of knowledge transfers
between Foreign Service officers who are departing from overseas
positions and Foreign Service Officers who are arriving at such
positions, and make recommendations for approving such knowledge
transfers, as appropriate, by--
(1) not later than 90 days after the date of the enactment
of this Act, conducting a written survey of a representative
sample of Foreign Service Officers working in overseas
assignments that analyzes the effectiveness of existing
mechanisms to facilitate transitions, including training,
mentorship, information technology, knowledge management,
relationship building, the role of locally employed staff, and
organizational culture; and
(2) not later than 120 days after the date of the enactment
of this Act, submitting to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House
of Representatives a report that includes a summary and
analysis of results of the survey conducted pursuant to
paragraph (1) that--
(A) identifies best practices and areas for
improvement;
(B) describes the Department's methodology for
determining which Foreign Service Officers should
receive familiarization trips before arriving at a new
post;
(C) includes recommendations regarding future
actions the Department should take to maximize
effective knowledge transfer between Foreign Service
Officers;
(D) identifies any steps taken, or intended to be
taken, to implement such recommendations, including any
additional resources or authorities necessary to
implement such recommendations; and
(E) provides recommendations to Congress for
legislative action to advance the priority described in
subparagraph (C).
SEC. 6234. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPARTMENT OF STATE
EMPLOYEES LOCATED IN UNITED STATES TERRITORIES.
(a) In General.--An individual employed by the Department at a
location described in subsection (b) shall be eligible for a cost-of-
living allowance for the education of the dependents of such employee
in an amount that does not exceed the educational allowance authorized
by the Secretary of Defense for such location.
(b) Location Described.--A location is described in this subsection
if--
(1) such location is in a territory of the United States;
and
(2) the Secretary of Defense has determined that schools
available in such location are unable to adequately provide for
the education of--
(A) dependents of members of the Armed Forces; or
(B) dependents of employees of the Department of
Defense.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 6301. DATA-INFORMED DIPLOMACY.
(a) Findings.--Congress makes the following findings:
(1) In a rapidly evolving and digitally interconnected
global landscape, access to and maintenance of reliable,
readily available data is key to informed decisionmaking and
diplomacy and therefore should be considered a strategic asset.
(2) In order to achieve its mission in the 21st century,
the Department must adapt to these trends by maintaining and
providing timely access to high-quality data at the time and
place needed, while simultaneously cultivating a data-savvy
workforce.
(3) Leveraging data science and data analytics has the
potential to improve the performance of the Department's
workforce by providing otherwise unknown insights into program
deficiencies, shortcomings, or other gaps in analysis.
(4) While innovative technologies such as artificial
intelligence and machine learning have the potential to empower
the Department to analyze and act upon data at scale,
systematized, sustainable data management and information
synthesis remain a core competency necessary for data-driven
decisionmaking.
(5) The goals set out by the Department's Enterprise Data
Council (EDC) as the areas of most critical need for the
Department, including Cultivating a Data Culture, Accelerating
Decisions through Analytics, Establishing Mission-Driven Data
Management, and Enhancing Enterprise Data Governance, are
laudable and will remain critical as the Department develops
into a data-driven agency.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department should prioritize the recruitment and
retainment of top data science talent in support of its data-
informed diplomacy efforts as well as its broader modernization
agenda; and
(2) the Department should strengthen data fluency among its
workforce, promote data collaboration across and within its
bureaus, and enhance its enterprise data oversight.
SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF DATA OFFICER
PROGRAM.
(a) Bureau Chief Data Officer Program.--
(1) Establishment.--The Secretary shall establish a
program, which shall be known as the ``Bureau Chief Data
Officer Program'' (referred to in this section as the
``Program''), overseen by the Department's Chief Data Officer.
The Bureau Chief Data Officers hired under this program shall
report to their respective Bureau leadership.
(2) Goals.--The goals of the Program shall include the
following:
(A) Cultivating a data culture by promoting data
fluency and data collaboration across the Department.
(B) Promoting increased data analytics use in
critical decisionmaking areas.
(C) Promoting data integration and standardization.
(D) Increasing efficiencies across the Department
by incentivizing acquisition of enterprise data
solutions and subscription data services to be shared
across bureaus and offices and within bureaus.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives an implementation plan that outlines strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Bureau Chief Data Officers at the GS-14 or GS-15
grade or a similar rank;
(3) assigning at least one Bureau Chief Data Officer to--
(A) each regional bureau of the Department;
(B) the Bureau of International Organization
Affairs;
(C) the Office of the Chief Economist;
(D) the Office of the Science and Technology
Advisor;
(E) the Bureau of Cyber and Digital Policy;
(F) the Bureau of Diplomatic Security;
(G) the Bureau for Global Talent Management; and
(H) the Bureau of Consular Affairs; and
(4) allocation of necessary resources to sustain the
Program.
(c) Assignment.--In implementing the Bureau Chief Data Officer
Program, Bureaus may not dual-hat currently employed personnel as
Bureau Chief Data Officers.
(d) Annual Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter for the
following 3 years, the Secretary shall submit a report to the
appropriate congressional committees regarding the status of the
implementation plan required under subsection (b).
SEC. 6303. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER
OF THE DEPARTMENT OF STATE.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by adding at the end the following new
subsection:
``(n) Chief Artificial Intelligence Officer.--
``(1) In general.--There shall be within the Department of
State a Chief Artificial Intelligence Officer, which may be
dual-hatted as the Department's Chief Data Officer, who shall
be a member of the Senior Executive Service.
``(2) Duties described.--The principal duties and
responsibilities of the Chief Artificial Intelligence Officer
shall be--
``(A) to evaluate, oversee, and, if appropriate,
facilitate the responsible adoption of artificial
intelligence (AI) and machine learning applications to
help inform decisions by policymakers and to support
programs and management operations of the Department of
State; and
``(B) to act as the principal advisor to the
Secretary of State on the ethical use of AI and
advanced analytics in conducting data-informed
diplomacy.
``(3) Qualifications.--The Chief Artificial Intelligence
Officer should be an individual with demonstrated skill and
competency in--
``(A) the use and application of data analytics,
AI, and machine learning; and
``(B) transformational leadership and
organizational change management, particularly within
large, complex organizations.
``(4) Partner with the chief information officer on scaling
artificial intelligence use cases.--To ensure alignment between
the Chief Artificial Intelligence Officer and the Chief
Information Officer, the Chief Information Officer will consult
with the Chief Artificial Intelligence Officer on best
practices for rolling out and scaling AI capabilities across
the Bureau of Information and Resource Management's broader
portfolio of software applications.
``(5) Artificial intelligence defined.--In this subsection,
the term `artificial intelligence' has the meaning given the
term in section 238(g) of the National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001
note).''.
SEC. 6304. STRENGTHENING THE CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF STATE.
(a) In General.--The Chief Information Officer of the Department
shall be consulted on all decisions to approve or disapprove,
significant new unclassified information technology expenditures,
including software, of the Department, including expenditures related
to information technology acquired, managed, and maintained by other
bureaus and offices within the Department, in order to--
(1) encourage the use of enterprise software and
information technology solutions where such solutions exist or
can be developed in a timeframe and manner consistent with
maintaining and enhancing the continuity and improvement of
Department operations;
(2) increase the bargaining power of the Department in
acquiring information technology solutions across the
Department;
(3) reduce the number of redundant Authorities to Operate
(ATO), which, instead of using one ATO-approved platform across
bureaus, requires multiple ATOs for software use cases across
different bureaus;
(4) enhance the efficiency, reduce redundancy, and increase
interoperability of the use of information technology across
the enterprise of the Department;
(5) enhance training and alignment of information
technology personnel with the skills required to maintain
systems across the Department;
(6) reduce costs related to the maintenance of, or
effectuate the retirement of, legacy systems;
(7) ensure the development and maintenance of security
protocols regarding the use of information technology solutions
and software across the Department; and
(8) improve end-user training on the operation of
information technology solutions and to enhance end-user
cybersecurity practices.
(b) Strategy and Implementation Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer of the
Department shall develop, in consultation with relevant bureaus
and offices as appropriate, a strategy and a 5-year
implementation plan to advance the objectives described in
subsection (a).
(2) Consultation.--No later than one year after the date of
the enactment of this Act, the Chief Information Officer shall
submit the strategy required by this subsection to the
appropriate congressional committees and shall consult with the
appropriate congressional committees, not less than on an
annual basis for 5 years, regarding the progress related to the
implementation plan required by this subjection.
(c) Improvement Plan for the Bureau for Information Resources
Management.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Information Officer shall
develop policies and protocols to improve the customer service
orientation, quality and timely delivery of information
technology solutions, and training and support for bureau and
office-level information technology officers.
(2) Survey.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five years,
the Chief Information Officer shall undertake a client
satisfaction survey of bureau information technology officers
to obtain feedback on metrics related to--
(A) customer service orientation of the Bureau of
Information Resources Management;
(B) quality and timelines of capabilities
delivered;
(C) maintenance and upkeep of information
technology solutions;
(D) training and support for senior bureau and
office-level information technology officers; and
(E) other matters which the Chief Information
Officer, in consultation with client bureaus and
offices, determine appropriate.
(3) Submission of findings.--Not later than 60 days after
completing each survey required under paragraph (2), the Chief
Information Officer shall submit a summary of the findings to
the appropriate congressional committees.
(d) Significant Expenditure Defined.--For purposes of this section,
the term ``significant expenditure'' means any cumulative expenditure
in excess of $250,000 total in a single fiscal year for a new
unclassified software or information technology capability.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to alter the authorities of the United States Office of
Management and Budget, Office of the National Cyber Director,
the Department of Homeland Security, or the Cybersecurity and
Infrastructure Security Agency with respect to Federal
information systems; or
(2) to alter the responsibilities and authorities of the
Chief Information Officer of the Department of State as
described in titles 40 or 44, United States Code, or any other
law defining or assigning responsibilities or authorities to
Federal Chief Information Officers.
SEC. 6305. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE GOVERNANCE.
It is the sense of Congress that in order to modernize the
Department, enterprise-wide governance regarding budget and finance,
information technology, and the creation, analysis, and use of data
across the Department is necessary to better align resources to
strategy, including evaluating trade-offs, and to enhance efficiency
and security in using data and technology as tools to inform and
evaluate the conduct of United States foreign policy.
SEC. 6306. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNERSHIP.
(a) Digital Connectivity and Cybersecurity Partnership.--The
Secretary is authorized to establish a program, which may be known as
the ``Digital Connectivity and Cybersecurity Partnership'', to help
foreign countries--
(1) expand and increase secure internet access and digital
infrastructure in emerging markets, including demand for and
availability of high-quality information and communications
technology (ICT) equipment, software, and services;
(2) protect technological assets, including data;
(3) adopt policies and regulatory positions that foster and
encourage open, interoperable, reliable, and secure internet,
the free flow of data, multi-stakeholder models of internet
governance, and pro-competitive and secure ICT policies and
regulations;
(4) access United States exports of ICT goods and services;
(5) expand interoperability and promote the diversification
of ICT goods and supply chain services to be less reliant on
PRC imports;
(6) promote best practices and common standards for a
national approach to cybersecurity; and
(7) advance other priorities consistent with paragraphs (1)
through (6), as determined by the Secretary.
(b) Use of Funds.--Funds made available to carry out this section
may be used to strengthen civilian cybersecurity and information and
communications technology capacity, including participation of foreign
law enforcement and military personnel in non-military activities,
notwithstanding any other provision of law, provided that such support
is essential to enabling civilian and law enforcement of cybersecurity
and information and communication technology related activities in
their respective countries.
(c) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an implementation plan for the
coming year to advance the goals identified in subsection (a).
(d) Consultation.--In developing and operationalizing the
implementation plan required under subsection (c), the Secretary shall
consult with--
(1) the appropriate congressional committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives;
(2) United States industry leaders;
(3) other relevant technology experts, including the Open
Technology Fund;
(4) representatives from relevant United States Government
agencies; and
(5) representatives from like-minded allies and partners.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 for each of fiscal years 2024 through 2028 to
carry out this section. Such funds, including funds authorized to be
appropriated under the heading ``Economic Support Fund'', may be made
available, notwithstanding any other provision of law to strengthen
civilian cybersecurity and information and communications technology
capacity, including for participation of foreign law enforcement and
military personnel in non-military activities, and for contributions.
Such funds shall remain available until expended.
SEC. 6307. ESTABLISHMENT OF A CYBERSPACE, DIGITAL CONNECTIVITY, AND
RELATED TECHNOLOGIES (CDT) FUND.
Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et
seq.) is amended by adding at the end the following new chapter:
``CHAPTER 10--CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) FUND
``SEC. 591. FINDINGS.
``Congress makes the following findings:
``(1) Increasingly digitized and interconnected social,
political, and economic systems have introduced new
vulnerabilities for malicious actors to exploit, which
threatens economic and national security.
``(2) The rapid development, deployment, and integration of
information and communication technologies into all aspects of
modern life bring mounting risks of accidents and malicious
activity involving such technologies, and their potential
consequences.
``(3) Because information and communication technologies
are globally manufactured, traded, and networked, the economic
and national security of the United State depends greatly on
cybersecurity practices of other actors, including other
countries.
``(4) United States assistance to countries and
international organizations to bolster civilian capacity to
address national cybersecurity and deterrence in cyberspace can
help--
``(A) reduce vulnerability in the information and
communication technologies ecosystem; and
``(B) advance national and economic security
objectives.
``SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR CYBERSPACE,
DIGITAL CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT)
CAPACITY BUILDING ACTIVITIES.
``(a) Authorization.--The Secretary of State is authorized to
provide assistance to foreign governments and organizations, including
national, regional, and international institutions, on such terms and
conditions as the Secretary may determine, in order to--
``(1) advance a secure and stable cyberspace;
``(2) protect and expand trusted digital ecosystems and
connectivity;
``(3) build the cybersecurity capacity of partner countries
and organizations; and
``(4) ensure that the development of standards and the
deployment and use of technology supports and reinforces human
rights and democratic values, including through the Digital
Connectivity and Cybersecurity Partnership.
``(b) Scope of Uses.--Assistance under this section may include
programs to--
``(1) advance the adoption and deployment of secure and
trustworthy information and communications technology (ICT)
infrastructure and services, including efforts to grow global
markets for secure ICT goods and services and promote a more
diverse and resilient ICT supply chain;
``(2) provide technical and capacity building assistance
to--
``(A) promote policy and regulatory frameworks that
create an enabling environment for digital connectivity
and a vibrant digital economy;
``(B) ensure technologies, including related new
and emerging technologies, are developed, deployed, and
used in ways that support and reinforce democratic
values and human rights;
``(C) promote innovation and competition; and
``(D) support digital governance with the
development of rights-respecting international norms
and standards;
``(3) help countries prepare for, defend against, and
respond to malicious cyber activities, including through--
``(A) the adoption of cybersecurity best practices;
``(B) the development of national strategies to
enhance cybersecurity;
``(C) the deployment of cybersecurity tools and
services to increase the security, strength, and
resilience of networks and infrastructure;
``(D) support for the development of cybersecurity
watch, warning, response, and recovery capabilities,
including through the development of cybersecurity
incident response teams;
``(E) support for collaboration with the
Cybersecurity and Infrastructure Security Agency (CISA)
and other relevant Federal agencies to enhance
cybersecurity;
``(F) programs to strengthen allied and partner
governments' capacity to detect, investigate, deter,
and prosecute cybercrimes;
``(G) programs to provide information and resources
to diplomats engaging in discussions and negotiations
around international law and capacity building measures
related to cybersecurity;
``(H) capacity building for cybersecurity partners,
including law enforcement and military entities as
described in subsection (f);
``(I) programs that enhance the ability of relevant
stakeholders to act collectively against shared
cybersecurity threats;
``(J) the advancement of programs in support of the
Framework of Responsible State Behavior in Cyberspace;
and
``(K) the fortification of deterrence instruments
in cyberspace; and
``(4) such other purpose and functions as the Secretary of
State may designate.
``(c) Responsibility for Policy Decisions and Justification.--The
Secretary of State shall be responsible for policy decisions regarding
programs under this chapter, with respect to--
``(1) whether there will be cybersecurity and digital
capacity building programs for a foreign country or entity
operating in that country;
``(2) the amount of funds for each foreign country or
entity; and
``(3) the scope and nature of such uses of funding.
``(d) Detailed Justification for Uses and Purposes of Funds.--The
Secretary of State shall provide, on an annual basis, a detailed
justification for the uses and purposes of the amounts provided under
this chapter, including information concerning--
``(1) the amounts and kinds of grants;
``(2) the amounts and kinds of budgetary support provided,
if any; and
``(3) the amounts and kinds of project assistance provided
for what purpose and with such amounts.
``(e) Assistance and Funding Under Other Authorities.--The
authority granted under this section to provide assistance or funding
for countries and organizations does not preclude the use of funds
provided to carry out other authorities also available for such
purpose.
``(f) Availability of Funds.--Amounts appropriated to carry out
this chapter may be used, notwithstanding any other provision of law,
to strengthen civilian cybersecurity and information and communications
technology capacity, including participation of foreign law enforcement
and military personnel in non-military activities, provided that such
support is essential to enabling civilian and law enforcement of
cybersecurity and information and communication technology related
activities in their respective countries.
``(g) Notification Requirements.--Funds made available under this
section shall be obligated in accordance with the procedures applicable
to reprogramming notifications pursuant to section 634A of this Act.
``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.
``(a) In General.--The Secretary of State, in consultation as
appropriate with other relevant Federal departments and agencies is
authorized to conduct a review that--
``(1) analyzes the United States Government's capacity to
promptly and effectively deliver emergency support to countries
experiencing major cybersecurity and ICT incidents;
``(2) identifies relevant factors constraining the support
referred to in paragraph (1); and
``(3) develops a strategy to improve coordination among
relevant Federal agencies and to resolve such constraints.
``(b) Report.--Not later than one year after the date of the
enactment of this chapter, the Secretary of State shall submit a report
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that contains the
results of the review conducted pursuant to subsection (a).
``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $150,000,000 during the 5-
year period beginning on October 1, 2023, to carry out the purposes of
this chapter.''.
SEC. 6308. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE DEPARTMENT OF
STATE IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) At-risk personnel.--The term ``at-risk personnel''
means personnel of the Department--
(A) whom the Secretary determines to be highly
vulnerable to cyber attacks and hostile information
collection activities because of their positions in the
Department; and
(B) whose personal technology devices or personal
accounts are highly vulnerable to cyber attacks and
hostile information collection activities.
(2) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential internet access, email, text
and multimedia messaging, cloud computing, social media, health
care, and financial services, used by personnel of the
Department outside of the scope of their employment with the
Department.
(3) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by personnel
of the Department outside of the scope of their employment with
the Department, including networks to which such devices
connect.
(b) Requirement to Provide Cyber Protection Support.--The
Secretary, in consultation with the Secretary of Homeland Security and
the Director of National Intelligence, as appropriate--
(1) shall offer cyber protection support for the personal
technology devices and personal accounts of at-risk personnel;
and
(2) may provide the support described in paragraph (1) to
any Department personnel who request such support.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support provided to
personnel pursuant to subsection (b) may include training, advice,
assistance, and other services relating to protection against cyber
attacks and hostile information collection activities.
(d) Privacy Protections for Personal Devices.--The Department is
prohibited pursuant to this section from accessing or retrieving any
information from any personal technology device or personal account of
Department employees unless--
(1) access or information retrieval is necessary for
carrying out the cyber protection support specified in this
section; and
(2) the Department has received explicit consent from the
employee to access a personal technology device or personal
account prior to each time such device or account is accessed.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to encourage Department personnel to use personal
technology devices for official business; or
(2) to authorize cyber protection support for senior
Department personnel using personal devices, networks, and
personal accounts in an official capacity.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees regarding the provision of cyber
protection support pursuant to subsection (b), which shall include--
(1) a description of the methodology used to make the
determination under subsection (a)(1); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support pursuant to subsection (b).
TITLE LXIV--ORGANIZATION AND OPERATIONS
SEC. 6401. PERSONAL SERVICES CONTRACTORS.
(a) Exigent Circumstances and Crisis Response.--To assist the
Department in addressing and responding to exigent circumstances and
urgent crises abroad, the Department is authorized to employ,
domestically and abroad, a limited number of personal services
contractors in order to meet exigent needs, subject to the requirements
of this section.
(b) Authority.--The authority to employ personal services
contractors is in addition to any existing authorities to enter into
personal services contracts and authority provided in the Afghanistan
Supplemental Appropriations Act, 2022 (division C of Public Law 117-
43).
(c) Employing and Allocation of Personnel.--To meet the needs
described in subsection (a) and subject to the requirements in
subsection (d), the Department may--
(1) enter into contracts to employ a total of up to 100
personal services contractors at any given time for each of
fiscal years 2024, 2025, and 2026; and
(2) allocate up to 20 personal services contractors to a
given bureau, without regard to the sources of funding such
office relies on to compensate individuals.
(d) Limitation.--Employment authorized by this section shall not
exceed two calendar years.
(e) Notification and Reporting to Congress.--
(1) Notification.--Not later than 15 days after the use of
authority under this section, the Secretary shall notify the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives of the number of
personal services contractors being employed, the expected
length of employment, the relevant bureau, the purpose for
using personal services contractors, and the justification,
including the exigent circumstances requiring such use.
(2) Annual reporting.--Not later than 60 days after the end
of each fiscal year, the Department shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
describing the number of personal services contractors employed
pursuant to this section for the prior fiscal year, the length
of employment, the relevant bureau by which they were employed
pursuant to this section, the purpose for using personal
services contractors, disaggregated demographic data of such
contractors, and the justification for the employment,
including the exigent circumstances.
SEC. 6402. HARD-TO-FILL POSTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the number of hard-to-fill vacancies at United States
diplomatic missions is far too high, particularly in Sub-
Saharan Africa;
(2) these vacancies--
(A) adversely impact the Department's execution of
regional strategies;
(B) hinder the ability of the United States to
effectively compete with strategic competitors, such as
the People's Republic of China and the Russian
Federation; and
(C) present a clear national security risk to the
United States; and
(3) if the Department is unable to incentivize officers to
accept hard-to-fill positions, the Department should consider
directed assignments, particularly for posts in Africa, and
other means to more effectively advance the national interests
of the United States.
(b) Report on Development of Incentives for Hard-to-fill Posts.--
Not later than 180 days after the date of the enactment of this Act,
the Secretary shall submit a report to the appropriate congressional
committees on efforts to develop new incentives for hard-to-fill
positions at United States diplomatic missions. The report shall
include a description of the incentives developed to date and proposals
to try to more effectively fill hard-to-fill posts.
(c) Study on Feasibility of Allowing Non-Consular Foreign Service
Officers Given Directed Consular Posts to Volunteer for Hard-to-fill
Posts in Understaffed Regions.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
conduct a study on--
(i) the number of Foreign Service positions
vacant for six months or longer at overseas
posts, including for consular, political, and
economic positions, over the last five years,
broken down by region, and a comparison of the
proportion of vacancies between regions; and
(ii) the feasibility of allowing first-tour
Foreign Service generalists in non-Consular
cones, directed for a consular tour, to
volunteer for reassignment at hard-to-fill
posts in understaffed regions.
(B) Matters to be considered.--The study conducted
under subparagraph (A) shall consider whether allowing
first-tour Foreign Service generalists to volunteer as
described in such subparagraph would address current
vacancies and what impact the new mechanism would have
on consular operations.
(2) Report.--Not later than 60 days after completing the
study required under paragraph (1), the Secretary shall submit
to the appropriate congressional committees a report containing
the findings of the study.
SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.
(a) Report With Recommendations and Management Structure.--Not
later than 270 days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional committees a
report with any recommendations for the long-term structure and
management of the Office of Civil Rights (OCR), including--
(1) an assessment of the strengths and weaknesses of OCR's
investigative processes and procedures;
(2) any changes made within OCR to its investigative
processes to improve the integrity and thoroughness of its
investigations; and
(3) any recommendations to improve the management
structure, investigative process, and oversight of the Office.
SEC. 6404. CRISIS RESPONSE OPERATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall institute the following
changes and ensure that the following elements have been integrated
into the ongoing crisis response management and response by the Crisis
Management and Strategy Office:
(1) The Department's crisis response planning and
operations shall conduct, maintain, and update on a regular
basis contingency plans for posts and regions experiencing or
vulnerable to conflict or emergency conditions, including armed
conflict, national disasters, significant political or military
upheaval, and emergency evacuations.
(2) The Department's crisis response efforts shall be led
by an individual with significant experience responding to
prior crises, who shall be so designated by the Secretary.
(3) The Department's crisis response efforts shall provide
at least quarterly updates to the Secretary and other relevant
senior officials, including a plan and schedule to develop
contingency planning for identified posts and regions
consistent with paragraph (1).
(4) The decision to develop contingency planning for any
particular post or region shall be made independent of any
regional bureau.
(5) The crisis response team shall develop and maintain
best practices for evacuations, closures, and emergency
conditions.
(b) Update.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
the next five years, the Secretary shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives an update
outlining the steps taken to implement this section, along with
any other recommendations to improve the Department's crisis
management and response operations.
(2) Contents.--Each update submitted pursuant to paragraph
(1) should include--
(A) a list of the posts whose contingency plans,
including any noncombatant evacuation contingencies,
has been reviewed and updated as appropriate during the
preceding 180 days; and
(B) an assessment of the Secretary's confidence
that each post--
(i) has continuously reached out to United
States persons in country to maintain and
update contact information for as many such
persons as practicable; and
(ii) is prepared to communicate with such
persons in an emergency or crisis situation.
(3) Form.--Each update submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States must increase its diplomatic activity
and presence in the Pacific, particularly among Pacific Island
nations; and
(2) the Special Envoy to the Pacific Islands Forum--
(A) should advance the United States partnership
with Pacific Island Forum nations and with the
organization itself on key issues of importance to the
Pacific region; and
(B) should coordinate policies across the Pacific
region with like-minded democracies.
(b) Appointment of Special Envoy to the Pacific Islands Forum.--
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by section 6304, is further amended by adding
at the end the following new subsection:
``(o) Special Envoy to the Pacific Islands Forum.--
``(1) Appointment.--The President shall appoint, by and
with the advice and consent of the Senate, a qualified
individual to serve as Special Envoy to the Pacific Islands
Forum (referred to in this section as the `Special Envoy').
``(2) Considerations.--
``(A) Selection.--The Special Envoy shall be--
``(i) a United States Ambassador to a
country that is a member of the Pacific Islands
Forum; or
``(ii) a qualified individual who is not
described in clause (i).
``(B) Limitations.--If the President appoints an
Ambassador to a country that is a member of the Pacific
Islands Forum to serve concurrently as the Special
Envoy to the Pacific Islands Forum, such Ambassador--
``(i) may not begin service as the Special
Envoy until he or she has been confirmed by the
Senate for an ambassadorship to a country that
is a member of the Pacific Islands Forum; and
``(ii) shall not receive additional
compensation for his or her service as Special
Envoy.
``(3) Duties.--The Special Envoy shall--
``(A) represent the United States in its role as
dialogue partner to the Pacific Islands Forum; and
``(B) carry out such other duties as the President
or the Secretary of State may prescribe.''.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that describes how the Department
will increase its ability to recruit and retain highly-qualified
ambassadors, special envoys, and other senior personnel in posts in
Pacific island countries as the Department expands its diplomatic
footprint throughout the region.
SEC. 6406. SPECIAL ENVOY FOR BELARUS.
(a) Special Envoy.--The President shall appoint a Special Envoy for
Belarus within the Department (referred to in this section as the
``Special Envoy''). The Special Envoy should be a person of recognized
distinction in the field of European security, geopolitics, democracy
and human rights, and may be a career Foreign Service officer.
(b) Central Objective.--The central objective of the Special Envoy
is to coordinate and promote efforts--
(1) to improve respect for the fundamental human rights of
the people of Belarus;
(2) to sustain focus on the national security implications
of Belarus's political and military alignment for the United
States; and
(3) to respond to the political, economic, and security
impacts of events in Belarus upon neighboring countries and the
wider region.
(c) Duties and Responsibilities.--The Special Envoy shall--
(1) engage in discussions with Belarusian officials
regarding human rights, political, economic and security issues
in Belarus;
(2) support international efforts to promote human rights
and political freedoms in Belarus, including coordination and
dialogue between the United States and the United Nations, the
Organization for Security and Cooperation in Europe, the
European Union, Belarus, and the other countries in Eastern
Europe;
(3) consult with nongovernmental organizations that have
attempted to address human rights and political and economic
instability in Belarus;
(4) make recommendations regarding the funding of
activities promoting human rights, democracy, the rule of law,
and the development of a market economy in Belarus;
(5) review strategies for improving protection of human
rights in Belarus, including technical training and exchange
programs;
(6) develop an action plan for holding to account the
perpetrators of the human rights violations documented in the
United Nations High Commissioner for Human Rights report on the
situation of human rights in Belarus in the run-up to the 2020
presidential election and its aftermath (Human Rights Council
Resolution 49/36);
(7) engage with member countries of the North Atlantic
Treaty Organization, the Organization for Security and
Cooperation in Europe and the European Union with respect to
the implications of Belarus's political and security alignment
for transatlantic security; and
(8) work within the Department and among partnering
countries to sustain focus on the political situation in
Belarus.
(d) Role.--The position of Special Envoy--
(1) shall be a full-time position;
(2) may not be combined with any other position within the
Department;
(3) shall only exist as long as United States diplomatic
operations in Belarus at United States Embassy Minsk have been
suspended; and
(4) shall oversee the operations and personnel of the
Belarus Affairs Unit.
(e) Report on Activities.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for the following
5 years, the Secretary, in consultation with the Special Envoy, shall
submit a report to the appropriate congressional committees that
describes the activities undertaken pursuant to subsection (c) during
the reporting period.
(f) Sunset.--The position of Special Envoy for Belarus Affairs and
the authorities provided by this section shall terminate 5 years after
the date of the enactment of this Act.
SEC. 6407. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT POSITIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report on current special appointment positions at United States
diplomatic missions that do not exercise significant authority, and all
positions under schedule B or schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, at United States diplomatic
missions. The report shall include the title and responsibilities of
each position, the expected duration of the position, the name of the
individual currently appointed to the position, and the hiring
authority utilized to fill the position.
SEC. 6408. RESOURCES FOR UNITED STATES NATIONALS UNLAWFULLY OR
WRONGFULLY DETAINED ABROAD.
Section 302(d) of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741(d)) is amended--
(1) in the subsection heading, by striking ``Resource
Guidance'' and inserting ``Resources for United States
Nationals Unlawfully or Wrongfully Detained Abroad'';
(2) in paragraph (1), by striking the paragraph heading and
all that follows through ``Not later than'' and inserting the
following:
``(1) Resource guidance.--
``(A) In general.--Not later than'';
(3) in paragraph (2), by redesignating subparagraphs (A),
(B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and
(v), respectively, and moving such clauses (as so redesignated)
2 ems to the right;
(4) by redesignating paragraph (2) as subparagraph (B) and
moving such subparagraph (as so redesignated) 2 ems to the
right;
(5) in subparagraph (B), as redesignated by paragraph (4),
by striking ``paragraph (1)'' and inserting ``subparagraph
(A)''; and
(6) by adding at the end the following:
``(2) Travel assistance.--
``(A) Family advocacy.--For the purpose of
facilitating meetings between the United States
Government and the family members of United States
nationals unlawfully or wrongfully detained abroad, the
Secretary shall provide financial assistance to cover
the costs of travel to Washington, D.C., including
travel by air, train, bus, or other transit as
appropriate, to any individual who--
``(i) is--
``(I) a family member of a United
States national unlawfully or
wrongfully detained abroad as
determined by the Secretary under
subsection (a); or
``(II) an appropriate individual
who--
``(aa) is approved by the
Special Presidential Envoy for
Hostage Affairs; and
``(bb) does not represent
in any legal capacity a United
States national unlawfully or
wrongfully detained abroad or
the family of such United
States national;
``(ii) has a permanent address that is more
than 50 miles from Washington, D.C.; and
``(iii) requests such assistance.
``(B) Travel and lodging.--
``(i) In general.--For each such United
States national unlawfully or wrongfully
detained abroad, the financial assistance
described in subparagraph (A) shall be provided
for not more than 2 trips per fiscal year,
unless the Special Presidential Envoy for
Hostage Affairs determines that a third trip is
warranted.
``(ii) Limitations.--Any trip described in
clause (i) shall--
``(I) consist of not more than 2
family members or other individuals
approved in accordance with
subparagraph (A)(i)(II), unless the
Special Presidential Envoy for Hostage
Affairs determines that circumstances
warrant an additional family member or
other individual approved in accordance
with subparagraph (A)(i)(II) and
approves assistance to such third
family member or other individual; and
``(II) not exceed more than 2
nights lodging, which shall not exceed
the applicable government rate.
``(C) Return travel.--If other United States
Government assistance is unavailable, the Secretary may
provide to a United States national unlawfully or
wrongfully detained abroad as determined by the
Secretary under subsection (a), compensation and
assistance, as necessary, for return travel to the
United States upon release of such United States
national.
``(3) Support.--The Secretary shall seek to make available
operational psychologists and clinical social workers, to
support the mental health and well-being of--
``(A) any United States national unlawfully or
wrongfully detained abroad; and
``(B) any family member of such United States
national, with regard to the psychological, social, and
mental health effects of such unlawful or wrongful
detention.
``(4) Notification requirement.--The Secretary shall notify
the Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committees on Appropriations of the Senate and the House of
Representatives of any amount spent above $250,000 for any
fiscal year to carry out paragraphs (2) and (3).
``(5) Report.--Not later than 90 days after the end of each
fiscal year, the Secretary shall submit to the Committees on
Foreign Relations and Appropriations of the Senate and the
Committee on Foreign Affairs and Appropriations of the House of
Representatives a report that includes--
``(A) a detailed description of expenditures made
pursuant to paragraphs (2) and (3);
``(B) a detailed description of support provided
pursuant to paragraph (3) and the individuals providing
such support; and
``(C) the number and location of visits outside of
Washington, D.C., during the prior fiscal year made by
the Special Presidential Envoy for Hostage Affairs to
family members of each United States national
unlawfully or wrongfully detained abroad.
``(6) Sunset.--The authority and requirements under
paragraphs (2), (3), (4), and (5) shall terminate on December
31, 2027.
``(7) Family member defined.--In this subsection, the term
`family member' means a spouse, father, mother, child, brother,
sister, grandparent, grandchild, aunt, uncle, nephew, niece,
cousin, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother,
or half sister.''.
TITLE LXV--ECONOMIC DIPLOMACY
SEC. 6501. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF FOREIGN
SERVICE ECONOMIC OFFICERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees regarding the recruitment,
retention, and promotion of economic officers in the Foreign Service.
(b) Elements.--The report required under subsection (b) shall
include--
(1) an overview of the key challenges the Department faces
in--
(A) recruiting individuals to serve as economic
officers in the Foreign Service; and
(B) retaining individuals serving as economic
officers in the Foreign Service, particularly at the
level of GS-14 of the General Schedule and higher;
(2) an overview of the key challenges in recruiting and
retaining qualified individuals to serve in economic positions
in the Civil Service;
(3) a comparison of promotion rates for economic officers
in the Foreign Service relative to other officers in the
Foreign Service;
(4) a summary of the educational history and training of
current economic officers in the Foreign Service and Civil
Service officers serving in economic positions;
(5) the identification, disaggregated by region, of hard-
to-fill posts and proposed incentives to improve staffing of
economic officers in the Foreign Service at such posts;
(6) a summary and analysis of the factors that lead to the
promotion of--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in
the Civil Service; and
(7) a summary and analysis of current Department-funded or
run training opportunities and externally-funded programs,
including the Secretary's Leadership Seminar at Harvard
Business School, for--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in
the Civil Service.
SEC. 6502. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR SUCCESSFUL
ECONOMIC AND COMMERCIAL DIPLOMACY.
(a) Mandate to Revise Department of State Performance Measures for
Economic and Commercial Diplomacy.--The Secretary shall, as part of the
Department's next regularly scheduled review on metrics and performance
measures, include revisions of Department performance measures for
economic and commercial diplomacy, by identifying outcome-oriented, and
not process-oriented, performance metrics, including metrics that--
(1) measure how Department efforts advanced specific
economic and commercial objectives and led to successes for the
United States or other private sector actors overseas; and
(2) focus on customer satisfaction with Department services
and assistance.
(b) Plan for Ensuring Complete Data for Performance Measures.--As
part of the review required under subsection (a), the Secretary shall
include a plan for ensuring that--
(1) the Department, both at its main headquarters and at
domestic and overseas posts, maintains and fully updates data
on performance measures; and
(2) Department leadership and the appropriate congressional
committees can evaluate the extent to which the Department is
advancing United States economic and commercial interests
abroad through meeting performance targets.
(c) Report on Private Sector Surveys.--The Secretary shall prepare
a report that lists and describes all the methods through which the
Department conducts surveys of the private sector to measure private
sector satisfaction with assistance and services provided by the
Department to advance private sector economic and commercial goals in
foreign markets.
(d) Report.--Not later than 90 days after conducting the review
pursuant to subsection (a), the Secretary shall submit to the
appropriate congressional committees--
(1) the revised performance metrics required under
subsection (a); and
(2) the report required under subsection (c).
SEC. 6503. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is
amended by adding at the end the following:
``(e) Embassy Economic Team.--
``(1) Coordination and supervision.--Each chief of mission
shall coordinate and supervise the implementation of all United
States economic policy interests within the host country in
which the diplomatic mission is located, among all United
States Government departments and agencies present in such
country.
``(2) Accountability.--The chief of mission is responsible
for the performance of the diplomatic mission in advancing
United States economic policy interests within the host
country.
``(3) Mission economic team.--The chief of mission shall
designate appropriate embassy staff to form a mission economic
team that--
``(A) monitors notable economic, commercial, and
investment-related developments in the host country;
and
``(B) develops plans and strategies for advancing
United States economic and commercial interests in the
host country, including--
``(i) tracking legislative, regulatory,
judicial, and policy developments that could
affect United States economic, commercial, and
investment interests;
``(ii) advocating for best practices with
respect to policy and regulatory developments;
``(iii) conducting regular analyses of
market systems, trends, prospects, and
opportunities for value-addition, including
risk assessments and constraints analyses of
key sectors and of United States strategic
competitiveness, and other reporting on
commercial opportunities and investment
climate; and
``(iv) providing recommendations for
responding to developments that may adversely
affect United States economic and commercial
interests.''.
SEC. 6504. DIRECTION TO EMBASSY DEAL TEAMS.
(a) Purposes.--The purposes of deal teams at United States
embassies and consulates are--
(1) to promote a private sector-led approach--
(A) to advance economic growth and job creation
that is tailored, as appropriate, to specific economic
sectors; and
(B) to advance strategic partnerships;
(2) to prioritize efforts--
(A) to identify commercial and investment
opportunities;
(B) to advocate for improvements in the business
and investment climate;
(C) to engage and consult with private sector
partners; and
(D) to report on the activities described in
subparagraphs (A) through (C), in accordance with the
applicable requirements under sections 706 and 707 of
the Championing American Business Through Diplomacy Act
of 2019 (22 U.S.C. 9902 and 9903);
(3)(A)(i) to identify trade and investment opportunities
for United States companies in foreign markets; or
(ii) to assist with existing trade and investment
opportunities already identified by United States
companies; and
(B) to deploy United States Government economic and other
tools to help such United States companies to secure their
objectives;
(4) to identify and facilitate opportunities for entities
in a host country to increase exports to, or investment in, the
United States in order to grow two-way trade and investment;
(5) to modernize, streamline, and improve access to
resources and services designed to promote increased trade and
investment opportunities;
(6) to identify and secure United States or allied
government support of strategic projects, such as ports,
railways, energy production and distribution, critical minerals
development, telecommunications networks, and other critical
infrastructure projects vulnerable to predatory investment by
an authoritarian country or entity in such country where
support or investment serves an important United States
interest;
(7) to coordinate across the Unites States Government to
ensure the appropriate and most effective use of United States
Government tools to support United States economic, commercial,
and investment objectives; and
(8) to coordinate with the multi-agency DC Central Deal
Team, established in February 2020, on the matters described in
paragraphs (1) through (7) and other relevant matters.
(b) Clarification.--A deal team may be composed of the personnel
comprising the mission economic team formed pursuant to section
207(e)(3) of the Foreign Service Act of 1980, as added by section 6503.
(c) Restrictions.--A deal team may not provide support for, or
assist a United States person with a transaction involving, a
government, or an entity owned or controlled by a government, if the
Secretary determines that such government--
(1) has repeatedly provided support for acts of
international terrorism, as described in--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (subtitle B of title XVII of Public
Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in an activity that would trigger a
restriction under section 116(a) or 502B(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or
any other relevant provision of law.
(d) Further Restrictions.--
(1) Prohibition on support of sanctioned persons.--Deal
teams may not carry out activities prohibited under United
States sanctions laws or regulations, including dealings with
persons on the list of specially designated persons and blocked
persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury, except to the extent otherwise
authorized by the Secretary of the Treasury or the Secretary.
(2) Prohibition on support of activities subject to
sanctions.--Any person receiving support from a deal team must
be in compliance with all United States sanctions laws and
regulations as a condition for receiving such assistance.
(e) Chief of Mission Authority and Accountability.--The chief of
mission to a foreign country--
(1) is the designated leader of a deal team in such
country; and
(2) shall be held accountable for the performance and
effectiveness of United States deal teams in such country.
(f) Guidance Cable.--The Department shall send out regular guidance
on Deal Team efforts by an All Diplomatic and Consular Posts (referred
to in this section as ``ALDAC'') that--
(1) describes the role of deal teams; and
(2) includes relevant and up-to-date information to enhance
the effectiveness of deal teams in a country.
(g) Confidentiality of Information.--
(1) In general.--In preparing the cable required under
subsection (f), the Secretary shall protect from disclosure any
proprietary information of a United States person marked as
business confidential information unless the person submitting
such information--
(A) had notice, at the time of submission, that
such information would be released by; or
(B) subsequently consents to the release of such
information.
(2) Treatment as trade secrets.--Proprietary information
obtained by the United States Government from a United States
person pursuant to the activities of deal teams shall be--
(A) considered to be trade secrets and commercial
or financial information (as such terms are used under
section 552b(c)(4) of title 5, United States Code); and
(B) exempt from disclosure without the express
approval of the person.
(h) Sunset.--The requirements under subsections (f) through (h)
shall terminate on the date that is 5 years after the date of the
enactment of this Act.
SEC. 6505. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' AWARD.
(a) Establishment.--The Secretary shall establish a new award, to
be known as the ``Deal Team of the Year Award'', and annually present
the award to a deal team at one United States mission in each region to
recognize outstanding achievements in supporting a United States
company or companies pursuing commercial deals abroad or in identifying
new deal prospects for United States companies.
(b) Award Content.--
(1) Department of state.--Each member of a deal team
receiving an award pursuant to subsection (a) shall receive a
certificate that is signed by the Secretary and--
(A) in the case of a member of the Foreign Service,
is included in the next employee evaluation report; or
(B) in the case of a Civil Service employee, is
included in the next annual performance review.
(2) Other federal agencies.--If an award is presented
pursuant to subsection (a) to a Federal Government employee who
is not employed by the Department, the employing agency may
determine whether to provide such employee any recognition or
benefits in addition to the recognition or benefits provided by
the Department.
(c) Eligibility.--Any interagency economics team at a United States
overseas mission under chief of mission authority that assists United
States companies with identifying, navigating, and securing trade and
investment opportunities in a foreign country or that facilitates
beneficial foreign investment into the United States is eligible for an
award under this section.
(d) Report.--Not later than the last day of the fiscal year in
which awards are presented pursuant to subsection (a), the Secretary
shall submit a report to the appropriate congressional committees that
includes--
(1) each mission receiving a Deal Team of the Year Award.
(2) the names and agencies of each awardee within the
recipient deal teams; and
(3) a detailed description of the reason such deal teams
received such award.
TITLE LXVI--PUBLIC DIPLOMACY
SEC. 6601. PUBLIC DIPLOMACY OUTREACH.
(a) Coordination of Resources.--The Administrator of the United
States Agency for International Development and the Secretary shall
direct public affairs sections at United States embassies and USAID
Mission Program Officers at USAID missions to coordinate, enhance and
prioritize resources for public diplomacy and awareness campaigns
around United States diplomatic and development efforts, including
through--
(1) the utilization of new media technology for maximum
public engagement; and
(2) enact coordinated comprehensive community outreach to
increase public awareness and understanding and appreciation of
United States diplomatic and development efforts.
(b) Development Outreach and Coordination Officers.--USAID should
prioritize hiring of additional Development Outreach and Coordination
officers in USAID missions to support the purposes of subsection (a).
(c) Best Practices.--The Secretary and the Administrator of USAID
shall identify 10 countries in which Embassies and USAID missions have
successfully executed efforts, including monitoring and evaluation of
such efforts, described in (a) and develop best practices to be turned
into Department and USAID guidance.
SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE EUROPE/RADIO
LIBERTY.
In section 308(h) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(h)) is amended--
(1) by striking subparagraphs (1), (3), and (5); and
(2) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (2), respectively.
SEC. 6603. INTERNATIONAL BROADCASTING.
(a) Voice of America.--Section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) is amended by
adding at the end the following:
``(d) Voice of America Operations and Structure.--
``(1) Operations.--The Director of the Voice of America
(VOA)--
``(A) shall direct and supervise the operations of
VOA, including making all major decisions relating its
staffing; and
``(B) may utilize any authorities made available to
the United States Agency for Global Media or to its
Chief Executive Officer under this Act or under any
other Act to carry out its operations in an effective
manner.
``(2) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of VOA shall submit to the
Committee on Foreign Relations and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Foreign Affairs and the Committee on Homeland
Security of the House of Representatives a plan to ensure that
the personnel structure of VOA is sufficient to effectively
carry out the principles described in subsection (c).''.
(b) Appointment of Chief Executive Officer.--Section 304 of such
Act (22 U.S.C. 6203) is amended--
(1) in subsection (a), by striking ``as an entity described
in section 104 of title 5, United States Code'' and inserting
``under the direction of the International Broadcasting
Advisory Board''; and
(2) in subsection (b)(1), by striking the second sentence
and inserting the following: ``Notwithstanding any other
provision of law, when a vacancy arises, until such time as a
Chief Executive Officer, to whom sections 3345 through 3349b of
title 5, United States Code, shall not apply, is appointed and
confirmed by the Senate, an acting Chief Executive Officer
shall be appointed by the International Broadcasting Advisory
Board and shall continue to serve and exercise the authorities
and powers under this title as the sole means of filling such
vacancy, for the duration of the vacancy. In the absence of a
quorum on the International Broadcasting Advisory Board, the
first principal deputy of the United States Agency for Global
Media shall serve as acting Chief Executive Officer.''.
(c) Chief Executive Officer Authorities.--Section 305(a)(1) of such
Act (22 U.S.C. 6204(a)(1)) is amended by striking ``To supervise all''
and inserting ``To oversee, coordinate, and provide strategic direction
for''.
(d) International Broadcasting Advisory Board.--Section 306(a) of
such Act (22 U.S.C. 6205(a)) is amended by striking ``advise the Chief
Executive Officer of'' and inserting ``oversee and advise the Chief
Executive Officer and''.
(e) Radio Free Africa; Radio Free Americas.--Not later than 180
days after the date of the enactment of this Act, the Chief Executive
Officer of the United States Agency for Global Media shall submit a
report to the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that details the
financial and other resources that would be required to establish and
operate 2 nonprofit organizations, modeled after Radio Free Europe/
Radio Liberty and Radio Free Asia, for the purposes of providing
accurate, uncensored, and reliable news and information to--
(1) the region of Africa, with respect to Radio Free
Africa; and
(2) the region of Latin America and the Caribbean, with
respect to Radio Free Americas.
SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
(a) In General.--The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the
following:
``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
``(a) Establishment.--There is established the John Lewis Civil
Rights Fellowship Program (referred to in this section as the
`Fellowship Program') within the J. William Fulbright Educational
Exchange Program.
``(b) Purposes.--The purposes of the Fellowship Program are--
``(1) to honor the legacy of Representative John Lewis by
promoting a greater understanding of the history and tenets of
nonviolent civil rights movements; and
``(2) to advance foreign policy priorities of the United
States by promoting studies, research, and international
exchange in the subject of nonviolent movements that
established and protected civil rights around the world.
``(c) Administration.--The Bureau of Educational and Cultural
Affairs (referred to in this section as the `Bureau') shall administer
the Fellowship Program in accordance with policy guidelines established
by the Board, in consultation with the binational Fulbright Commissions
and United States Embassies.
``(d) Selection of Fellows.--
``(1) In general.--The Board shall annually select
qualified individuals to participate in the Fellowship Program.
The Bureau may determine the number of fellows selected each
year, which, whenever feasible, shall be not fewer than 25.
``(2) Outreach.--
``(A) In general.--To the extent practicable, the
Bureau shall conduct outreach at institutions,
including--
``(i) minority serving institutions,
including historically Black colleges and
universities; and
``(ii) other appropriate institutions, as
determined by the Bureau.
``(B) Definitions.--In this paragraph:
``(i) Historically black college and
university.--The term `historically Black
college and university' has the meaning given
the term `part B institution' in section 322 of
the Higher Education Act of 1965 (20 U.S.C.
1061).
``(ii) Minority serving institution.--The
term `minority-serving institution' means an
eligible institution under section 371(a) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(e) Fellowship Orientation.--Annually, the Bureau shall organize
and administer a fellowship orientation, which shall--
``(1) be held in Washington, D.C., or at another location
selected by the Bureau; and
``(2) include programming to honor the legacy of
Representative John Lewis.
``(f) Structure.--
``(1) Work plan.--To carry out the purposes described in
subsection (b)--
``(A) each fellow selected pursuant to subsection
(d) shall arrange an internship or research placement--
``(i) with a nongovernmental organization,
academic institution, or other organization
approved by the Bureau; and
``(ii) in a country with an operational
Fulbright U.S. Student Program; and
``(B) the Bureau shall, for each fellow, approve a
work plan that identifies the target objectives for the
fellow, including specific duties and responsibilities
relating to those objectives.
``(2) Conferences; presentations.--Each fellow shall--
``(A) attend a fellowship orientation organized and
administered by the Bureau under subsection (e);
``(B) not later than the date that is 1 year after
the end of the fellowship period, attend a fellowship
summit organized and administered by the Bureau,
which--
``(i) whenever feasible, shall be held in
Atlanta, Georgia, or another location of
importance to the civil rights movement in the
United States; and
``(ii) may coincide with other events
facilitated by the Bureau; and
``(C) at such summit, give a presentation on
lessons learned during the period of fellowship.
``(3) Fellowship period.--Each fellowship under this
section shall continue for a period determined by the Bureau,
which, whenever feasible, shall be not fewer than 10 months.
``(g) Fellowship Award.--The Bureau shall provide each fellow under
this section with an allowance that is equal to the amount needed for--
``(1) the reasonable costs of the fellow during the
fellowship period; and
``(2) travel and lodging expenses related to attending the
orientation and summit required under subsection (e)(2).
``(h) Annual Report.--Not later than 1 year after the date of the
completion of the Fellowship Program by the initial cohort of fellows
selected under subsection (d), and annually thereafter, the Secretary
of State shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on the implementation of the Fellowship
Program, including--
``(1) a description of the demographics of the cohort of
fellows who completed a fellowship during the preceding 1-year
period;
``(2) a description of internship and research placements,
and research projects selected by such cohort, under the
Fellowship Program, including feedback from--
``(A) such cohort on implementation of the
Fellowship Program; and
``(B) the Secretary on lessons learned; and
``(3) an analysis of trends relating to the diversity of
each cohort of fellows and the topics of projects completed
since the establishment of the Fellowship Program.''.
(b) Technical and Conforming Amendments to the Mutual Educational
and Cultural Exchange Act of 1961.--Section 112(a) of the Mutual
Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a)) is
amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(10) the John Lewis Civil Rights Fellowship Program
established under section 115, which provides funding for
international internships and research placements for early- to
mid-career individuals from the United States to study
nonviolent civil rights movements in self-arranged placements
with universities or nongovernmental organizations in foreign
countries.''.
SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.
(a) Strategy Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop a strategy to
explain to the American people the value of the work of the Department
and United States foreign policy to advancing the national security of
the United States. The strategy shall include--
(1) tools to inform the American people about the non-
partisan importance of United States diplomacy and foreign
relations and to utilize public diplomacy to meet the United
States' national security priorities;
(2) efforts to reach the widest possible audience of
Americans, including those who historically have not had
exposure to United States foreign policy efforts and
priorities;
(3) additional staffing and resource needs including--
(A) domestic positions within the Bureau of Global
Public Affairs to focus on engagement with the American
people as outlined in paragraph (1);
(B) positions within the Bureau of Educational and
Cultural Affairs to enhance program and reach the
widest possible audience;
(C) increasing the number of fellowship and detail
programs that place Foreign Service and civil service
employees outside the Department for a limited time,
including Pearson Fellows, Reta Joe Lewis Local
Diplomats, Brookings Fellows, and Georgetown Fellows;
and
(D) recommendations for increasing participation in
the Hometown Diplomats program and evaluating this
program as well as other opportunities for Department
officers to engage with American audiences while
traveling within the United States.
SEC. 6606. EXTENSION OF GLOBAL ENGAGEMENT CENTER.
Section 1287(j) of the National Defense Authorization Act for
Fiscal Year 2017 (22 U.S.C. 2656 note) is amended by striking ``on the
date that is 8 years after the date of the enactment of this Act'' and
inserting ``on September 30, 2026''.
SEC. 6607. PAPERWORK REDUCTION ACT.
Section 5603(d) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended by adding at the end
the following new paragraph:
``(4) United States Information and Educational Exchange
Act of 1948 (Public Law 80-402).''.
SEC. 6608. MODERNIZATION AND ENHANCEMENT STRATEGY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit a strategy to the appropriate
congressional committees for--
(1) modernizing and increasing the operational and
programming capacity of American Spaces and American Corners
throughout the world, including by leveraging public-private
partnerships;
(2) providing salaries to locally employed staff of
American Spaces and American Corners; and
(3) providing opportunities for United States businesses
and nongovernmental organizations to better utilize American
Spaces.
TITLE LXVII--OTHER MATTERS
SEC. 6701. INTERNSHIPS OF UNITED STATES NATIONALS AT INTERNATIONAL
ORGANIZATIONS.
(a) In General.--The Secretary of State is authorized to bolster
efforts to increase the number of United States citizens representative
of the American people occupying positions in the United Nations
system, agencies, and commissions, and in other international
organizations, including by awarding grants to educational institutions
and students.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees that identifies--
(1) the number of United States citizens who are involved
in internship programs at international organizations;
(2) the distribution of the individuals described in
paragraph (1) among various international organizations; and
(3) grants, programs, and other activities that are being
utilized to recruit and fund United States citizens to
participate in internship programs at international
organizations.
(c) Eligibility.--An individual referred to in subsection (a) is an
individual who--
(1) is enrolled at or received their degree within two
years from--
(A) an institution of higher education; or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State; and
(2) is a citizen of the United States.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 for the Department of State for fiscal year
2024 to carry out the grant program authorized under subsection (a).
SEC. 6702. TRAINING FOR INTERNATIONAL ORGANIZATIONS.
(a) Training Programs.--Section 708 of the Foreign Service Act of
1980 (22 U.S.C. 4028) is amended by adding at the end of the following
new subsection:
``(e) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary, in consultation with
other senior officials as appropriate, shall establish training
courses on--
``(A) the conduct of diplomacy at international
organizations and other multilateral institutions; and
``(B) broad-based multilateral negotiations of
international instruments.
``(2) Required training.--Members of the Service, including
appropriate chiefs of mission and other officers who are
assigned to United States missions representing the United
States to international organizations and other multilateral
institutions or who are assigned in other positions that have
as their primary responsibility formulation of policy related
to such organizations and institutions, or participation in
negotiations of international instruments, shall receive
specialized training in the areas described in paragraph (1)
prior to the beginning of service for such assignment or, if
receiving such training at that time is not practical, within
the first year of beginning such assignment.''.
(b) Training for Department Employees.--The Secretary of State
shall ensure that employees of the Department of State who are assigned
to positions described in paragraph (2) of subsection (e) of section
708 of the Foreign Service Act of 1980 (as added by subsection (a) of
this section), including members of the civil service or general
service, or who are seconded to international organizations for a
period of at least one year, receive training described in such
subsection and participate in other such courses as the Secretary may
recommend to build or augment identifiable skills that would be useful
for such Department officials representing United States interests at
these institutions and organizations.
SEC. 6703. MODIFICATION TO TRANSPARENCY ON INTERNATIONAL AGREEMENTS AND
NON-BINDING INSTRUMENTS.
Section 112b of title 1, United States Code, as most recently
amended by section 5947 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
3476), is further amended--
(1) by redesignating subsections (h) through (l) as
subsections (i) through (m), respectively; and
(2) by inserting after subsection (g) the following:
``(h)(1) If the Secretary is aware or has reason to believe that
the requirements of subsection (a), (b), or (c) have not been fulfilled
with respect to an international agreement or qualifying non-binding
instrument, the Secretary shall--
``(A) immediately bring the matter to the attention of the
office or agency responsible for the agreement or qualifying
non-binding instrument; and
``(B) request the office or agency to provide within 7 days
the text or other information necessary to fulfill the
requirements of the relevant subsection.
``(2) Upon receiving the text or other information requested
pursuant to paragraph (1), the Secretary shall--
``(A) fulfill the requirements of subsection (a), (b), or
(c), as the case may be, with respect to the agreement or
qualifying non-binding instrument concerned--
``(i) by including such text or other information
in the next submission required by subsection (a)(1);
``(ii) by providing such information in writing to
the Majority Leader of the Senate, the Minority Leader
of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional
committees before provision of the submission described
in clause (i); or
``(iii) in relation to subsection (b), by making
the text of the agreement or qualifying non-binding
instrument and the information described in
subparagraphs (A)(iii) and (B)(iii) of subsection
(a)(1) relating to the agreement or instrument
available to the public on the website of the
Department of State within 15 days of receiving the
text or other information requested pursuant to
paragraph (1); and
``(B) provide to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional committees,
either in the next submission required by subsection (a)(1) or
before such submission, a written statement explaining the
reason for the delay in fulfilling the requirements of
subsection (a), (b), or (c), as the case may be.''.
SEC. 6704. REPORT ON PARTNER FORCES UTILIZING UNITED STATES SECURITY
ASSISTANCE IDENTIFIED AS USING HUNGER AS A WEAPON OF WAR.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes the link between armed
conflict and conflict-induced food insecurity;
(2) Congress recognizes and condemns the role of nefarious
security actors, including state and non-state armed groups,
who have utilized hunger as a weapon of war, including through
the unanimous adoption of House of Representatives Resolution
922 and Senate Resolution 669 relating to ``[c]ondemning the
use of hunger as a weapon of war and recognizing the effect of
conflict on global food security and famine''; and
(3) the United States should use the diplomatic and
humanitarian tools at our disposal to not only fight global
hunger, mitigate the spread of conflict, and promote critical,
lifesaving assistance, but also hold perpetrators using hunger
as a weapon of war to account.
(b) Definitions.--In this paragraph:
(1) Hunger as a weapon of war.--The term ``hunger as a
weapon of war'' means--
(A) intentional starvation of civilians;
(B) intentional and reckless destruction, removal,
looting, or rendering useless objects necessary for
food production and distribution, such as farmland,
markets, mills, food processing and storage facilities,
food stuffs, crops, livestock, agricultural assets,
waterways, water systems, drinking water facilities and
supplies, and irrigation networks;
(C) undue denial of humanitarian access and
deprivation of objects indispensable to people's
survival, such as food supplies and nutrition
resources; and
(D) willful interruption of market systems for
populations in need, including through the prevention
of travel and manipulation of currency exchange.
(2) Security assistance.--The term ``security assistance''
means assistance meeting the definition of ``security
assistance'' under section 502B of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Administrator of the United States Agency for International
Development, and the Secretary of Defense shall submit a report to the
appropriate congressional committees, the Committee on Armed Services
of the Senate, and the Committee on Armed Services of the House of
Representatives regarding--
(1) United States-funded security assistance and
cooperation; and
(2) whether the governments and entities receiving such
assistance have or are currently using hunger as a weapon of
war.
(d) Elements.--The report required under subsection (c) shall--
(1) identify countries receiving United States-funded
security assistance or participating in security programs and
activities, including in coordination with the Department of
Defense, that are currently experiencing famine-like conditions
as a result of conflict;
(2) describe the actors and actions taken by such actors in
the countries identified pursuant to paragraph (1) who are
utilizing hunger as a weapon of war; and
(3) describe any current or existing plans to continue
providing United States-funded security assistance to recipient
countries.
(e) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6705. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE UNITED STATES
AND PEOPLE'S REPUBLIC OF CHINA.
Not later than 1 year after the date of the enactment of this Act,
the Secretary, in coordination with the Administrator of the United
States Agency for International Development and the Chief Executive
Officer of the Development Finance Corporation, shall submit to the
appropriate congressional committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives a report regarding the opportunities and costs of
infrastructure projects in Middle East, African, and Latin American and
Caribbean countries, which shall--
(1) describe the nature and total funding of United States
infrastructure investments and construction in Middle East,
African, and Latin American and Caribbean countries, and that
of United States allies and partners in the same regions;
(2) describe the nature and total funding of infrastructure
investments and construction by the People's Republic of China
in Middle East, African, and Latin American and Caribbean
countries;
(3) assess the national security threats posed by the
infrastructure investment gap between the People's Republic of
China and the United States and United States allies and
partners, including--
(A) infrastructure, such as ports;
(B) access to critical and strategic minerals;
(C) digital and telecommunication infrastructure;
(D) threats to supply chains; and
(E) general favorability towards the People's
Republic of China and the United States and United
States' allies and partners among Middle East, African,
and Latin American and Caribbean countries;
(4) assess the opportunities and challenges for companies
based in the United States to invest in infrastructure projects
in Middle East, African, and Latin American and Caribbean
countries;
(5) describe options for the United States Government to
undertake to increase support for United States businesses
engaged in large-scale infrastructure projects in Middle East,
African, and Latin American and Caribbean countries; and
(6) identify regional infrastructure priorities, ranked
according to United States national interests, in Middle East,
African, and Latin American and Caribbean countries.
SEC. 6706. SPECIAL ENVOYS.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall conduct a review of all
special envoy positions to determine--
(1) which special envoy positions are needed to accomplish
the mission of the Department;
(2) which special envoy positions could be absorbed into
the Department's existing bureau structure;
(3) which special envoy positions were established by an
Act of Congress; and
(4) which special envoy positions were created by the
Executive Branch without explicit congressional approval.
(b) Report.--Not later than 60 days after the completion of the
review required under subsection (a), the Secretary shall submit a
report to the appropriate congressional committees that includes--
(1) a list of every special envoy position in the
Department;
(2) a detailed justification of the need for each special
envoy, if warranted;
(3) a list of the special envoy positions that could be
absorbed into the Department's existing bureau structure
without compromising the mission of the Department;
(4) a list of the special envoy positions that were created
by an Act of Congress; and
(5) a list of the special envoy positions that are not
expressly authorized by statute.
SEC. 6707. US-ASEAN CENTER.
(a) Defined Term.--In this section, the term ``ASEAN'' means the
Association of Southeast Asian Nations.
(b) Establishment.--The Secretary is authorized to enter into a
public-private partnership for the purposes of establishing a US-ASEAN
Center in the United States to support United States economic and
cultural engagement with Southeast Asia.
(c) Functions.--Notwithstanding any other provision of law, the US-
ASEAN Center established pursuant to subsection (b) may--
(1) provide grants for research to support and elevate the
importance of the US-ASEAN partnership;
(2) facilitate activities to strengthen US-ASEAN trade and
investment;
(3) expand economic and technological relationships between
ASEAN countries and the United States into new areas of
cooperation;
(4) provide training to United States citizens and citizens
of ASEAN countries that improve people-to-people ties;
(5) develop educational programs to increase awareness for
the United States and ASEAN countries on the importance of
relations between the United States and ASEAN countries; and
(6) carry out other activities the Secretary considers
necessary to strengthen ties between the United States and
ASEAN countries and achieve the objectives of the US-ASEAN
Center.
SEC. 6708. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION TRADE AND
TECHNOLOGY COUNCIL.
It is the sense of Congress that the United States-European Union
Trade and Technology Council is an important forum for the United
States and in the European Union to engage on transatlantic trade,
investment, and engagement on matters related to critical and emerging
technology and that the Department should provide regular updates to
the appropriate congressional committees on the deliverables and policy
initiatives announced at United States-European Union Trade and
Technology Council ministerials
SEC. 6709. MODIFICATION AND REPEAL OF REPORTS.
(a) Country Reports on Human Rights Practices.--
(1) In general.--The Secretary shall examine the production
of the 2023 and subsequent annual Country Reports on Human
Rights Practices by the Assistant Secretary for Democracy,
Human Rights, and Labor as required under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d), 2304(b)) to maximize--
(A) cost and personnel efficiencies;
(B) the potential use of data and analytic tools
and visualization; and
(C) advancement of the modernization agenda for the
Department announced by the Secretary on October 27,
2021.
(2) Transnational repression amendments to annual country
reports on human rights practices.--Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended
by adding at the end the following new paragraph:
``(13) Wherever applicable, a description of the nature and
extent of acts of transnational repression that occurred during
the preceding year, including identification of--
``(A) incidents in which a government harassed,
intimidated, or killed individuals outside of their
internationally recognized borders and the patterns of
such repression among repeat offenders;
``(B) countries in which such transnational
repression occurs and the role of the governments of
such countries in enabling, preventing, mitigating, and
responding to such acts;
``(C) the tactics used by the governments of
countries identified pursuant to subparagraph (A),
including the actions identified and any new techniques
observed;
``(D) in the case of digital surveillance and
harassment, the type of technology or platform,
including social media, smart city technology, health
tracking systems, general surveillance technology, and
data access, transfer, and storage procedures, used by
the governments of countries identified pursuant to
subparagraph (A) for such actions; and
``(E) groups and types of individuals targeted by
acts of transnational repression in each country in
which such acts occur.''.
(b) Elimination of Obsolete Reports.--
(1) Annual reports relating to funding mechanisms for
telecommunications security and semiconductors.--Division H of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraph (D) as
subparagraph (C); and
(B) in section 9905 (15 U.S.C. 4655)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as
subsection (c).
(2) Reports relating to foreign assistance to counter
russian influence and media organizations controlled by
russia.--The Countering Russian Influence in Europe and Eurasia
Act of 2017 (title II of Public Law 115-44) is amended--
(A) in section 254(e)--
(i) in paragraph (1)--
(I) by striking ``In general.--'';
(II) by redesignating subparagraphs
(A), (B), and (C) as paragraphs (1),
(2), and (3), respectively, and moving
such paragraphs 2 ems to the left; and
(ii) by striking paragraph (2); and
(B) by striking section 255.
(3) Annual report on promoting the rule of law in the
russian federation.--Section 202 of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208) is amended by
striking subsection (a).
(4) Annual report on advancing freedom and democracy.--
Section 2121 of the Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007
(title XXI of Public Law 110-53) is amended by striking
subsection (c).
(5) Annual reports on united states-vietnam human rights
dialogue meetings.--Section 702 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is
repealed.
SEC. 6710. MODIFICATION OF BUILD ACT OF 2018 TO PRIORITIZE PROJECTS
THAT ADVANCE NATIONAL SECURITY.
Section 1412 of the Build Act of 2018 (22 U.S.C. 9612) is amended
by adding at the end the following subsection:
``(d) Prioritization of National Security Interests.--The
Corporation shall prioritize the provision of support under title II in
projects that advance core national security interests of the United
States with respect to the People's Republic of China.''.
SEC. 6711. PERMITTING FOR INTERNATIONAL BRIDGES.
The International Bridge Act of 1972 (33 U.S.C. 535 et seq.) is
amended by inserting after section 5 the following:
``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.
``(a) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means an entity that has submitted an application for a
Presidential permit during the period beginning on December 1,
2020, and ending on December 31, 2024, for any of the
following:
``(A) 1 or more international bridges in Webb
County, Texas.
``(B) An international bridge in Cameron County,
Texas.
``(C) An international bridge in Maverick County,
Texas.
``(2) Presidential permit.--
``(A) In general.--The term `Presidential permit'
means--
``(i) an approval by the President to
construct, maintain, and operate an
international bridge under section 4; or
``(ii) an approval by the President to
construct, maintain, and operate an
international bridge pursuant to a process
described in Executive Order 13867 (84 Fed.
Reg. 15491; relating to Issuance of Permits
With Respect to Facilities and Land
Transportation Crossings at the International
Boundaries of the United States) (or any
successor Executive Order).
``(B) Inclusion.--The term `Presidential permit'
includes an amendment to an approval described in
clause (i) or (ii) of subparagraph (A).
``(3) Secretary.--The term `Secretary' means the Secretary
of State.
``(b) Application.--An eligible applicant for a Presidential permit
to construct, maintain, and operate an international bridge shall
submit an application for the permit to the Secretary.
``(c) Recommendation.--
``(1) In general.--Not later than 60 days after the date on
which the Secretary receives an application under subsection
(b), the Secretary shall make a recommendation to the
President--
``(A) to grant the Presidential permit; or
``(B) to deny the Presidential permit.
``(2) Consideration.--The sole basis for a recommendation
under paragraph (1) shall be whether the international bridge
is in the foreign policy interests of the United States.
``(d) Presidential Action.--
``(1) In general.--The President shall grant or deny the
Presidential permit for an application under subsection (b) by
not later than 60 days after the earlier of--
``(A) the date on which the Secretary makes a
recommendation under subsection (c)(1); and
``(B) the date on which the Secretary is required
to make a recommendation under subsection (c)(1).
``(2) No action.--
``(A) In general.--Subject to subparagraph (B), if
the President does not grant or deny the Presidential
permit for an application under subsection (b) by the
deadline described in paragraph (1), the Presidential
permit shall be considered to have been granted as of
that deadline.
``(B) Requirement.--As a condition on a
Presidential permit considered to be granted under
subparagraph (A), the eligible applicant shall complete
all applicable environmental documents required
pursuant to Public Law 91-190 (42 U.S.C. 4321 et seq.).
``(e) Document Requirements.--Notwithstanding any other provision
of law, the Secretary shall not require an eligible applicant for a
Presidential permit--
``(1) to include in the application under subsection (b)
environmental documents prepared pursuant to Public Law 91-190
(42 U.S.C. 4321 et seq.); or
``(2) to have completed any environmental review under
Public Law 91-190 (42 U.S.C. 4321 et seq.) prior to the
President granting a Presidential permit under subsection (d).
``(f) Rules of Construction.--Nothing in this section--
``(1) prohibits the President from granting a Presidential
permit conditioned on the eligible applicant completing all
environmental documents pursuant to Public Law 91-190 (42
U.S.C. 4321 et seq.);
``(2) prohibits the Secretary from requesting a list of all
permits and approvals from Federal, State, and local agencies
that the eligible applicant believes are required in connection
with the international bridge, or a brief description of how
those permits and approvals will be acquired; or
``(3) exempts an eligible applicant from the requirement to
complete all environmental documents pursuant to Public Law 91-
190 (42 U.S.C. 4321 et seq.) prior to construction of an
international bridge.''.
TITLE LXVIII--AUKUS MATTERS
SEC. 6801. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) AUKUS partnership.--
(A) In general.--The term ``AUKUS partnership''
means the enhanced trilateral security partnership
between Australia, the United Kingdom, and the United
States announced in September 2021.
(B) Pillars.--The AUKUS partnership includes the
following two pillars:
(i) Pillar One is focused on developing a
pathway for Australia to acquire conventionally
armed, nuclear-powered submarines.
(ii) Pillar Two is focused on enhancing
trilateral collaboration on advanced defense
capabilities, including hypersonic and counter
hypersonic capabilities, quantum technologies,
undersea technologies, and artificial
intelligence.
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means subchapter
M of chapter I of title 22, Code of Federal Regulations (or
successor regulations).
Subtitle A--Outlining the AUKUS Partnership
SEC. 6811. STATEMENT OF POLICY ON THE AUKUS PARTNERSHIP.
(a) Statement of Policy.--It is the policy of the United States
that--
(1) the AUKUS partnership is integral to United States
national security, increasing United States and allied
capability in the undersea domain of the Indo-Pacific, and
developing cutting edge military capabilities;
(2) the transfer of conventionally armed, nuclear-powered
submarines to Australia, if implemented appropriately, will
position the United States and its allies to maintain peace and
security in the Indo-Pacific;
(3) the transfer of conventionally armed, nuclear-powered
submarines to Australia will be safely implemented with the
highest nonproliferation standards in alignment with--
(A) safeguards established by the International
Atomic Energy Agency; and
(B) the Additional Protocol to the Agreement
between Australia and the International Atomic Energy
Agency for the application of safeguards in connection
with the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Vienna September 23, 1997;
(4) the United States will enter into a mutual defense
agreement with Australia, modeled on the 1958 bilateral mutual
defense agreement with the United Kingdom, for the sole purpose
of facilitating the transfer of naval nuclear propulsion
technology to Australia;
(5) working with the United Kingdom and Australia to
develop and provide joint advanced military capabilities to
promote security and stability in the Indo-Pacific will have
tangible impacts on United States military effectiveness across
the world;
(6) in order to better facilitate cooperation under Pillar
2 of the AUKUS partnership, it is imperative that every effort
be made to streamline United States export controls consistent
with necessary and reciprocal security safeguards on United
States technology at least comparable to those of the United
States;
(7) the trade authorization mechanism for the AUKUS
partnership administered by the Department is a critical first
step in reimagining the United States export control system to
carry out the AUKUS partnership and expedite technology sharing
and defense trade among the United States, Australia, and the
United Kingdom; and
(8) the vast majority of United States defense trade with
Australia is conducted through the Foreign Military Sales (FMS)
process, the preponderance of defense trade with the United
Kingdom is conducted through Direct Commercial Sales (DCS), and
efforts to streamline United States export controls should
focus on both Foreign Military Sales and Direct Commercial
Sales.
SEC. 6812. SENIOR ADVISOR FOR THE AUKUS PARTNERSHIP AT THE DEPARTMENT
OF STATE.
(a) In General.--There shall be a Senior Advisor for the AUKUS
partnership at the Department, who--
(1) shall report directly to the Secretary; and
(2) may not hold another position in the Department
concurrently while holding the position of Senior Advisor for
the AUKUS partnership.
(b) Duties.--The Senior Advisor shall--
(1) be responsible for coordinating efforts related to the
AUKUS partnership across the Department, including the bureaus
engaged in nonproliferation, defense trade, security
assistance, and diplomatic relations in the Indo-Pacific;
(2) serve as the lead within the Department for
implementation of the AUKUS partnership in interagency
processes, consulting with counterparts in the Department of
Defense, the Department of Commerce, the Department of Energy,
the Office of Naval Reactors, and any other relevant agencies;
(3) lead diplomatic efforts related to the AUKUS
partnership with other governments to explain how the
partnership will enhance security and stability in the Indo-
Pacific; and
(4) consult regularly with the appropriate congressional
committees, and keep such committees fully and currently
informed, on issues related to the AUKUS partnership, including
in relation to the AUKUS Pillar 1 objective of supporting
Australia's acquisition of conventionally armed, nuclear-
powered submarines and the Pillar 2 objective of jointly
developing advanced military capabilities to support security
and stability in the Indo-Pacific, as affirmed by the President
of the United States, the Prime Minister of the United Kingdom,
and the Prime Minister of Australia on April 5, 2022.
(c) Personnel to Support the Senior Advisor.--The Secretary shall
ensure that the Senior Advisor is adequately staffed, including through
encouraging details, or assignment of employees of the Department, with
expertise related to the implementation of the AUKUS partnership,
including staff with expertise in--
(1) nuclear policy, including nonproliferation;
(2) defense trade and security cooperation, including
security assistance; and
(3) relations with respect to political-military issues in
the Indo-Pacific and Europe.
(d) Notification.--Not later than 180 days after the date of the
enactment of this Act, and not later than 90 days after a Senior
Advisor assumes such position, the Secretary shall notify the
appropriate congressional committees of the number of full-time
equivalent positions, relevant expertise, and duties of any employees
of the Department or detailees supporting the Senior Advisor.
(e) Sunset.--
(1) In general.--The position of the Senior Advisor for the
AUKUS partnership shall terminate on the date that is 8 years
after the date of the enactment of this Act.
(2) Renewal.--The Secretary may renew the position of the
Senior Advisor for the AUKUS partnership for 1 additional
period of 4 years, following notification to the appropriate
congressional committees of the renewal.
Subtitle B--Authorization for AUKUS Submarine Training
SEC. 6823. AUSTRALIA, UNITED KINGDOM, AND UNITED STATES SUBMARINE
SECURITY TRAINING.
(a) In General.--The President may transfer or export directly to
private individuals in Australia defense services that may be
transferred to the Government of Australia under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) to support the development of the
submarine industrial base of Australia necessary for submarine security
activities between Australia, the United Kingdom, and the United
States, including if such individuals are not officers, employees, or
agents of the Government of Australia.
(b) Security Controls.--
(1) In general.--Any defense service transferred or
exported under subsection (a) shall be subject to appropriate
security controls to ensure that any sensitive information
conveyed by such transfer or export is protected from
disclosure to persons unauthorized by the United States to
receive such information.
(2) Certification.--Not later than 30 days before the first
transfer or export of a defense service under subsection (a),
and annually thereafter, the President shall certify to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that the
controls described in paragraph (1) will protect the
information described in such paragraph for the defense
services so transferred or exported.
(c) Application of Requirements for Retransfer and Reexport.--Any
person who receives any defense service transferred or exported under
subsection (a) may retransfer or reexport such service to other persons
only in accordance with the requirements of the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
Subtitle C--Streamlining and Protecting Transfers of United States
Military Technology From Compromise
SEC. 6831. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN FOREIGN
MILITARY SALES AND DIRECT COMMERCIAL SALES.
(a) In General.--The President shall institute policies and
procedures for letters of request from Australia and the United Kingdom
to transfer defense articles and services under section 21 of the Arms
Export Control Act (22 U.S.C. 2761) related to AUKUS to receive
expedited consideration and processing relative to all other letters of
request other than from Taiwan and Ukraine.
(b) Technology Transfer Policy for Australia, Canada, and the
United Kingdom.--
(1) In general.--The Secretary, in consultation with the
Secretary of Defense, shall create an anticipatory release
policy for the transfer of technologies described in paragraph
(2) to Australia, the United Kingdom, and Canada through
Foreign Military Sales and Direct Commercial Sales that are not
covered by an exemption under the International Traffic in Arms
Regulations.
(2) Capabilities described.--The capabilities described in
this paragraph are--
(A) Pillar One-related technologies associated with
submarine and associated combat systems; and
(B) Pillar Two-related technologies, including
hypersonic missiles, cyber capabilities, artificial
intelligence, quantum technologies, undersea
capabilities, and other advanced technologies.
(3) Expedited decision-making.--Review of a transfer under
the policy established under paragraph (1) shall be subject to
an expedited decision-making process.
(c) Interagency Policy and Guidance.--The Secretary and the
Secretary of Defense shall jointly review and update interagency
policies and implementation guidance related to requests for Foreign
Military Sales and Direct Commercial Sales, including by incorporating
the anticipatory release provisions of this section.
SEC. 6832. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, TECHNOLOGIES,
AND EQUIPMENT FOR SALE TO AUSTRALIA AND THE UNITED
KINGDOM THROUGH FOREIGN MILITARY SALES AND DIRECT
COMMERCIAL SALES.
Not later than 90 days after the date of the enactment of this Act,
and on a biennial basis thereafter for 8 years, the President shall
submit to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a report
that includes a list of advanced military platforms, technologies, and
equipment that are pre-cleared and prioritized for sale and release to
Australia, the United Kingdom and Canada through the Foreign Military
Sales and Direct Commercial Sales programs without regard to whether a
letter of request or license to purchase such platforms, technologies,
or equipment has been received from any of such country. Each list may
include items that are not related to the AUKUS partnership but may not
include items that are not covered by an exemption under the
International Traffic in Arms Regulations except unmanned aerial or
hypersonic systems.
SEC. 6833. EXPORT CONTROL EXEMPTIONS AND STANDARDS.
(a) In General.--Section 38 of the Arms Export Control Act of 1976
(22 U.S.C. 2778) is amended by adding at the end the following new
subsection:
``(l) AUKUS Defense Trade Cooperation.--
``(1) Exemption from licensing and approval requirements.--
Subject to paragraph (2) and notwithstanding any other
provision of this section, the Secretary of State may exempt
from the licensing or other approval requirements of this
section exports and transfers (including reexports,
retransfers, temporary imports, and brokering activities) of
defense articles and defense services between or among the
United States, the United Kingdom, and Australia that--
``(A) are not excluded by those countries;
``(B) are not referred to in
subsection(j)(1)(C)(ii); and
``(C) involve only persons or entities that are
approved by--
``(i) the Secretary of State; and
``(ii) the Ministry of Defense, the
Ministry of Foreign Affairs, or other similar
authority within those countries.
``(2) Limitation.--The authority provided in subparagraph
(1) shall not apply to any activity, including exports,
transfers, reexports, retransfers, temporary imports, or
brokering, of United States defense articles and defense
services involving any country or a person or entity of any
country other than the United States, the United Kingdom, and
Australia.''.
(b) Required Standards of Export Controls.--The Secretary may only
exercise the authority under subsection (l)(1) of section 38 of the
Arms Export Control Act of 1976, as added by subsection (a) of this
section, with respect to the United Kingdom or Australia 30 days after
the Secretary submits to the appropriate congressional committees an
unclassified certification and detailed unclassified assessment (which
may include a classified annex) that the country concerned has
implemented standards for a system of export controls that satisfies
the elements of section 38(j)(2) of the Arms Export Control Act (22
U.S.C. 2778(j)(2)) for United States-origin defense articles and
defense services, and for controlling the provision of military
training, that are comparable to those standards administered by the
United States in effect on the date of the enactment of this Act.
(c) Certain Requirements Not Applicable.--
(1) In general.--Paragraphs (1), (2), and (3) of section
3(d) of the Arms Export Control Act (22 U.S.C. 2753(d)) shall
not apply to any export or transfer that is the subject of an
exemption under subsection (l)(1) of section 38 of the Arms
Export Control Act of 1976, as added by subsection (a) of this
section.
(2) Quarterly reports.--The Secretary shall--
(A) require all exports and transfers that would be
subject to the requirements of paragraphs (1), (2), and
(3) of section 3(d) of the Arms Export Control Act (22
U.S.C. 2753(d)) but for the application of subsection
(l)(1) of section 38 of the Arms Export Control Act of
1976, as added by subsection (a) of this section, to be
reported to the Secretary; and
(B) submit such reports to the Committee on Foreign
Relations of the Senate and Committee on Foreign
Affairs of the House of Representatives on a quarterly
basis.
(d) Sunset.--Any exemption under subsection (l)(1) of section 38 of
the Arms Export Control Act of 1976, as added by subsection (a) of this
section, shall terminate on the date that is 15 years after the date of
the enactment of this Act. The Secretary of State may renew such
exemption for 5 years upon a certification to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives that such exemption is in the vital national
interest of the United States with a detailed justification for such
certification.
(e) Reports.--
(1) Annual report.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter until no exemptions under subsection (l)(1)
of section 38 of the Arms Export Control Act of 1976,
as added by subsection (a) of this section, remain in
effect, the Secretary shall submit to the Committee on
Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a
report on the operation of exemptions issued under such
subsection (l)(1), including whether any changes to
such exemptions are likely to be made in the coming
year.
(B) Initial report.--The first report submitted
under subparagraph (A) shall also include an assessment
of key recommendations the United States Government has
provided to the Governments of Australia and the United
Kingdom to revise laws, regulations, and policies of
such countries that are required to implement the AUKUS
partnership.
(2) Report on expedited review of export licenses for
exports of advanced technologies.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Defense, shall
report on the practical application of a possible ``fast
track'' decision-making process for applications, classified or
unclassified, to export defense articles and defense services
to Australia, the United Kingdom, and Canada.
SEC. 6834. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF ADVANCED
TECHNOLOGIES TO AUSTRALIA, THE UNITED KINGDOM, AND
CANADA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Secretary of Defense, shall initiate a rulemaking to establish an
expedited decision-making process, classified or unclassified, for
applications to export to Australia, the United Kingdom, and Canada
commercial, advanced-technology defense articles and defense services
that are not covered by an exemption under the International Traffic in
Arms Regulations.
(b) Eligibility.--To qualify for the expedited decision-making
process described in subsection (a), an application shall be for an
export of defense articles or defense services that will take place
wholly within or between the physical territory of Australia, Canada,
or the United Kingdom and the United States and with governments or
corporate entities from such countries.
(c) Availability of Expedited Process.--The expedited decision-
making process described in subsection (a) shall be available for both
classified and unclassified items, and the process must satisfy the
following criteria to the extent practicable:
(1) Any licensing application to export defense articles
and services that is related to a government to government
agreement must be approved, returned, or denied within 30 days
of submission.
(2) For all other licensing requests, any review shall be
completed not later than 45 calendar days after the date of
application.
SEC. 6835. UNITED STATES MUNITIONS LIST.
(a) Exemption for the Governments of the United Kingdom and
Australia From Certification and Congressional Notification
Requirements Applicable to Certain Transfers.--Section 38(f)(3) of the
Arms Export Control Act (22 U.S.C. 2778(f)(3)) is amended by inserting
``, the United Kingdom, or Australia'' after ``Canada''.
(b) United States Munitions List Periodic Reviews.--
(1) In general.--The Secretary, acting through authority
delegated by the President to carry out periodic reviews of
items on the United States Munitions List under section 38(f)
of the Arms Export Control Act (22 U.S.C. 2778(f)) and in
coordination with the Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, and the Director of the
Office of Management and Budget, shall carry out such reviews
not less frequently than every 3 years.
(2) Scope.--The periodic reviews described in paragraph (1)
shall focus on matters including--
(A) interagency resources to address current
threats faced by the United States;
(B) the evolving technological and economic
landscape;
(C) the widespread availability of certain
technologies and items on the United States Munitions
List; and
(D) risks of misuse of United States-origin defense
articles.
(3) Consultation.--The Department of State may consult with
the Defense Trade Advisory Group (DTAG) and other interested
parties in conducting the periodic review described in
paragraph (1).
Subtitle D--Other AUKUS Matters
SEC. 6841. REPORTING RELATED TO THE AUKUS PARTNERSHIP.
(a) Report on Instruments.--
(1) In general.--Not later than 30 days after the
signature, conclusion, or other finalization of any non-binding
instrument related to the AUKUS partnership, the President
shall submit to the appropriate congressional committees the
text of such instrument.
(2) Non-duplication of efforts; rule of construction.--To
the extent the text of a non-binding instrument is submitted to
the appropriate congressional committees pursuant to subsection
(a), such text does not need to be submitted to Congress
pursuant to section 112b(a)(1)(A)(ii) of title 1, United States
Code, as amended by section 5947 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263; 136 Stat. 3476). Paragraph (1) shall not be
construed to relieve the executive branch of any other
requirement of section 112b of title 1, United States Code, as
amended so amended, or any other provision of law.
(3) Definitions.--In this section:
(A) In general.--The term ``text'', with respect to
a non-binding instrument, includes--
(i) any annex, appendix, codicil, side
agreement, side letter, or any document of
similar purpose or function to the
aforementioned, regardless of the title of the
document, that is entered into
contemporaneously and in conjunction with the
non-binding instrument; and
(ii) any implementing agreement or
arrangement, or any document of similar purpose
or function to the aforementioned, regardless
of the title of the document, that is entered
into contemporaneously and in conjunction with
the non-binding instrument.
(B) Contemporaneously and in conjunction with.--As
used in subparagraph (A), the term ``contemporaneously
and in conjunction with''--
(i) shall be construed liberally; and
(ii) may not be interpreted to require any
action to have occurred simultaneously or on
the same day.
(b) Report on AUKUS Partnership.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and biennially thereafter, the
Secretary, in coordination with the Secretary of Defense and
other appropriate heads of agencies, shall submit to the
appropriate congressional committees a report on the AUKUS
partnership.
(2) Elements.--Each report required under paragraph (1)
shall include the following elements:
(A) Strategy.--
(i) An identification of the defensive
military capability gaps and capacity
shortfalls that the AUKUS partnership seeks to
offset.
(ii) An explanation of the total cost to
the United States associated with Pillar One of
the AUKUS partnership.
(iii) A detailed explanation of how
enhanced access to the industrial base of
Australia is contributing to strengthening the
United States strategic position in Asia.
(iv) A detailed explanation of the military
and strategic benefit provided by the improved
access provided by naval bases of Australia.
(v) A detailed assessment of how
Australia's sovereign conventionally armed
nuclear attack submarines contribute to United
States defense and deterrence objectives in the
Indo-Pacific region.
(B) Implement the aukus partnership.--
(i) Progress made on achieving the Optimal
Pathway established for Australia's development
of conventionally armed, nuclear-powered
submarines, including the following elements:
(I) A description of progress made
by Australia, the United Kingdom, and
the United States to conclude an
Article 14 arrangement with the
International Atomic Energy Agency.
(II) A description of the status of
efforts of Australia, the United
Kingdom, and the United States to build
the supporting infrastructure to base
conventionally armed, nuclear-powered
attack submarines.
(III) Updates on the efforts by
Australia, the United Kingdom, and the
United States to train a workforce that
can build, sustain, and operate
conventionally armed, nuclear-powered
attack submarines.
(IV) A description of progress in
establishing submarine support
facilities capable of hosting
rotational forces in western Australia
by 2027.
(V) A description of progress made
in improving United States submarine
production capabilities that will
enable the United States to meet--
(aa) its objectives of
providing up to five Virginia
Class submarines to Australia
by the early to mid-2030's; and
(bb) United States
submarine production
requirements.
(ii) Progress made on Pillar Two of the
AUKUS partnership, including the following
elements:
(I) An assessment of the efforts of
Australia, the United Kingdom, and the
United States to enhance collaboration
across the following eight trilateral
lines of effort:
(aa) Underseas
capabilities.
(bb) Quantum technologies.
(cc) Artificial
intelligence and autonomy.
(dd) Advanced cyber
capabilities.
(ee) Hypersonic and
counter-hypersonic
capabilities.
(ff) Electronic warfare.
(gg) Innovation.
(hh) Information sharing.
(II) An assessment of any new lines
of effort established.
DIVISION G--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Unidentified Anomalous
Phenomena Disclosure Act of 2023'' or the ``UAP Disclosure Act of
2023''.
SEC. 9002. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--Congress finds and declares the
following:
(1) All Federal Government records related to unidentified
anomalous phenomena should be preserved and centralized for
historical and Federal Government purposes.
(2) All Federal Government records concerning unidentified
anomalous phenomena should carry a presumption of immediate
disclosure and all records should be eventually disclosed to
enable the public to become fully informed about the history of
the Federal Government's knowledge and involvement surrounding
unidentified anomalous phenomena.
(3) Legislation is necessary to create an enforceable,
independent, and accountable process for the public disclosure
of such records.
(4) Legislation is necessary because credible evidence and
testimony indicates that Federal Government unidentified
anomalous phenomena records exist that have not been
declassified or subject to mandatory declassification review as
set forth in Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information) due in
part to exemptions under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), as well as an over-broad interpretation
of ``transclassified foreign nuclear information'', which is
also exempt from mandatory declassification, thereby preventing
public disclosure under existing provisions of law.
(5) Legislation is necessary because section 552 of title
5, United States Code (commonly referred to as the ``Freedom of
Information Act''), as implemented by the Executive branch of
the Federal Government, has proven inadequate in achieving the
timely public disclosure of Government unidentified anomalous
phenomena records that are subject to mandatory
declassification review.
(6) Legislation is necessary to restore proper oversight
over unidentified anomalous phenomena records by elected
officials in both the executive and legislative branches of the
Federal Government that has otherwise been lacking as of the
enactment of this Act.
(7) Legislation is necessary to afford complete and timely
access to all knowledge gained by the Federal Government
concerning unidentified anomalous phenomena in furtherance of
comprehensive open scientific and technological research and
development essential to avoiding or mitigating potential
technological surprise in furtherance of urgent national
security concerns and the public interest.
(b) Purposes.--The purposes of this division are--
(1) to provide for the creation of the unidentified
anomalous phenomena Records Collection at the National Archives
and Records Administration; and
(2) to require the expeditious public transmission to the
Archivist and public disclosure of such records.
SEC. 9003. DEFINITIONS.
In this division:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) Close observer.--The term ``close observer'' means
anyone who has come into close proximity to unidentified
anomalous phenomena or non-human intelligence.
(3) Collection.--The term ``Collection'' means the
Unidentified Anomalous Phenomena Records Collection established
under section 9004.
(4) Controlled disclosure campaign plan.--The term
``Controlled Disclosure Campaign Plan'' means the Controlled
Disclosure Campaign Plan required by section 9009(c)(3).
(5) Controlling authority.--The term ``controlling
authority'' means any Federal, State, or local government
department, office, agency, committee, commission, commercial
company, academic institution, or private sector entity in
physical possession of technologies of unknown origin or
biological evidence of non-human intelligence.
(6) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(7) Executive agency.--The term ``Executive agency'' means
an Executive agency, as defined in subsection 552(f) of title
5, United States Code.
(8) Government office.--The term ``Government office''
means any department, office, agency, committee, or commission
of the Federal Government and any independent office or agency
without exception that has possession or control, including via
contract or other agreement, of unidentified anomalous
phenomena records.
(9) Identification aid.--The term ``identification aid''
means the written description prepared for each record, as
required in section 9004.
(10) Leadership of congress.--The term ``leadership of
Congress'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(11) Legacy program.--The term ``legacy program'' means all
Federal, State, and local government, commercial industry,
academic, and private sector endeavors to collect, exploit, or
reverse engineer technologies of unknown origin or examine
biological evidence of living or deceased non-human
intelligence that pre-dates the date of the enactment of this
Act.
(12) National archives.--The term ``National Archives''
means the National Archives and Records Administration and all
components thereof, including presidential archival
depositories established under section 2112 of title 44, United
States Code.
(13) Non-human intelligence.--The term ``non-human
intelligence'' means any sentient intelligent non-human
lifeform regardless of nature or ultimate origin that may be
presumed responsible for unidentified anomalous phenomena or of
which the Federal Government has become aware.
(14) Originating body.--The term ``originating body'' means
the Executive agency, Federal Government commission, committee
of Congress, or other Governmental entity that created a record
or particular information within a record.
(15) Prosaic attribution.--The term ``prosaic attribution''
means having a human (either foreign or domestic) origin and
operating according to current, proven, and generally
understood scientific and engineering principles and
established laws-of-nature and not attributable to non-human
intelligence.
(16) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
unidentified anomalous phenomena records for historical and
Governmental purposes and for the purpose of fully informing
the people of the United States about the history of the
Federal Government's knowledge and involvement surrounding
unidentified anomalous phenomena.
(17) Record.--The term ``record'' includes a book, paper,
report, memorandum, directive, email, text, or other form of
communication, or map, photograph, sound or video recording,
machine-readable material, computerized, digitized, or
electronic information, including intelligence, surveillance,
reconnaissance, and target acquisition sensor data, regardless
of the medium on which it is stored, or other documentary
material, regardless of its physical form or characteristics.
(18) Review board.--The term ``Review Board'' means the
Unidentified Anomalous Phenomena Records Review Board
established by section 9007.
(19) Technologies of unknown origin.--The term
``technologies of unknown origin'' means any materials or meta-
materials, ejecta, crash debris, mechanisms, machinery,
equipment, assemblies or sub-assemblies, engineering models or
processes, damaged or intact aerospace vehicles, and damaged or
intact ocean-surface and undersea craft associated with
unidentified anomalous phenomena or incorporating science and
technology that lacks prosaic attribution or known means of
human manufacture.
(20) Temporarily non-attributed objects.--
(A) In general.--The term ``temporarily non-
attributed objects'' means the class of objects that
temporarily resist prosaic attribution by the initial
observer as a result of environmental or system
limitations associated with the observation process
that nevertheless ultimately have an accepted human
origin or known physical cause. Although some
unidentified anomalous phenomena may at first be
interpreted as temporarily non-attributed objects, they
are not temporarily non-attributed objects, and the two
categories are mutually exclusive.
(B) Inclusion.--The term ``temporarily non-
attributed objects'' includes--
(i) natural celestial, meteorological, and
undersea weather phenomena;
(ii) mundane human-made airborne objects,
clutter, and marine debris;
(iii) Federal, State, and local government,
commercial industry, academic, and private
sector aerospace platforms;
(iv) Federal, State, and local government,
commercial industry, academic, and private
sector ocean-surface and undersea vehicles; and
(v) known foreign systems.
(21) Third agency.--The term ``third agency'' means a
Government agency that originated a unidentified anomalous
phenomena record that is in the possession of another
Government agency.
(22) Unidentified anomalous phenomena.--
(A) In general.--The term ``unidentified anomalous
phenomena'' means any object operating or judged
capable of operating in outer-space, the atmosphere,
ocean surfaces, or undersea lacking prosaic attribution
due to performance characteristics and properties not
previously known to be achievable based upon commonly
accepted physical principles. Unidentified anomalous
phenomena are differentiated from both attributed and
temporarily non-attributed objects by one or more of
the following observables:
(i) Instantaneous acceleration absent
apparent inertia.
(ii) Hypersonic velocity absent a thermal
signature and sonic shockwave.
(iii) Transmedium (such as space-to-ground
and air-to-undersea) travel.
(iv) Positive lift contrary to known
aerodynamic principles.
(v) Multispectral signature control.
(vi) Physical or invasive biological
effects to close observers and the environment.
(B) Inclusions.--The term ``unidentified anomalous
phenomena'' includes what were previously described
as--
(i) flying discs;
(ii) flying saucers;
(iii) unidentified aerial phenomena;
(iv) unidentified flying objects (UFOs);
and
(v) unidentified submerged objects (USOs).
(23) Unidentified anomalous phenomena record.--The term
``unidentified anomalous phenomena record'' means a record that
is related to unidentified anomalous phenomena, technologies of
unknown origin, or non-human intelligence (and all equivalent
subjects by any other name with the specific and sole exclusion
of temporarily non-attributed objects) that was created or made
available for use by, obtained by, or otherwise came into the
possession of--
(A) the Executive Office of the President;
(B) the Department of Defense and its progenitors,
the Department of War and the Department of the Navy;
(C) the Department of the Army;
(D) the Department of the Navy;
(E) the Department of the Air Force, specifically
the Air Force Office of Special Investigations;
(F) the Department of Energy and its progenitors,
the Manhattan Project, the Atomic Energy Commission,
and the Energy Research and Development Administration;
(G) the Office of the Director of National
Intelligence;
(H) the Central Intelligence Agency and its
progenitor, the Office of Strategic Services;
(I) the National Reconnaissance Office;
(J) the Defense Intelligence Agency;
(K) the National Security Agency;
(L) the National Geospatial-Intelligence Agency;
(M) the National Aeronautics and Space
Administration:
(N) the Federal Bureau of Investigation;
(O) the Federal Aviation Administration;
(P) the National Oceanic and Atmospheric
Administration;
(Q) the Library of Congress;
(R) the National Archives and Records
Administration;
(S) any Presidential library;
(T) any Executive agency;
(U) any independent office or agency;
(V) any other department, office, agency,
committee, or commission of the Federal Government;
(W) any State or local government department,
office, agency, committee, or commission that provided
support or assistance or performed work, in connection
with a Federal inquiry into unidentified anomalous
phenomena, technologies of unknown origin, or non-human
intelligence; and
(X) any private sector person or entity formerly or
currently under contract or some other agreement with
the Federal Government.
SEC. 9004. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS COLLECTION AT THE
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
(a) Establishment.--
(1) In general.--(A) Not later than 60 days after the date
of the enactment of this Act, the Archivist shall commence
establishment of a collection of records in the National
Archives to be known as the ``Unidentified Anomalous Phenomena
Records Collection''.
(B) In carrying out subparagraph (A), the Archivist shall
ensure the physical integrity and original provenance (or if
indeterminate, the earliest historical owner) of all records in
the Collection.
(C) The Collection shall consist of record copies of all
Government, Government-provided, or Government-funded records
relating to unidentified anomalous phenomena, technologies of
unknown origin, and non-human intelligence (or equivalent
subjects by any other name with the specific and sole exclusion
of temporarily non-attributed objects), which shall be
transmitted to the National Archives in accordance with section
2107 of title 44, United States Code.
(D) The Archivist shall prepare and publish a subject
guidebook and index to the Collection.
(2) Contents.--The Collection shall include the following:
(A) All unidentified anomalous phenomena records,
regardless of age or date of creation--
(i) that have been transmitted to the
National Archives or disclosed to the public in
an unredacted form prior to the date of the
enactment of this Act;
(ii) that are required to be transmitted to
the National Archives; and
(iii) that the disclosure of which is
postponed under this Act.
(B) A central directory comprised of identification
aids created for each record transmitted to the
Archivist under section 9005.
(C) All Review Board records as required by this
Act.
(b) Disclosure of Records.--All unidentified anomalous phenomena
records transmitted to the National Archives for disclosure to the
public shall--
(1) be included in the Collection; and
(2) be available to the public--
(A) for inspection and copying at the National
Archives within 30 days after their transmission to the
National Archives; and
(B) digitally via the National Archives online
database within a reasonable amount of time not to
exceed 180 days thereafter.
(c) Fees for Copying.--
(1) In general.--The Archivist shall--
(A) charge fees for copying unidentified anomalous
phenomena records; and
(B) grant waivers of such fees pursuant to the
standards established by section 552(a)(4) of title 5,
United States Code.
(2) Amount of fees.--The amount of a fee charged by the
Archivist pursuant to paragraph (1)(A) for the copying of an
unidentified anomalous phenomena record shall be such amount as
the Archivist determines appropriate to cover the costs
incurred by the National Archives in making and providing such
copy, except that in no case may the amount of the fee charged
exceed the actual expenses incurred by the National Archives in
making and providing such copy.
(d) Additional Requirements.--
(1) Use of funds.--The Collection shall be preserved,
protected, archived, digitized, and made available to the
public at the National Archives and via the official National
Archives online database using appropriations authorized,
specified, and restricted for use under the terms of this Act.
(2) Security of records.--The National Security Program
Office at the National Archives, in consultation with the
National Archives Information Security Oversight Office, shall
establish a program to ensure the security of the postponed
unidentified anomalous phenomena records in the protected, and
yet-to-be disclosed or classified portion of the Collection.
(e) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the Collection.
(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall have
continuing legislative oversight jurisdiction in the House of
Representatives with respect to the Collection.
SEC. 9005. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL
ARCHIVES, AND PUBLIC DISCLOSURE OF UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS BY GOVERNMENT OFFICES.
(a) Identification, Organization, and Preparation for
Transmission.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, each head of a Government office
shall--
(A) identify and organize records in the possession
of the Government office or under the control of the
Government office relating to unidentified anomalous
phenomena; and
(B) prepare such records for transmission to the
Archivist for inclusion in the Collection.
(2) Prohibitions.--(A) No unidentified anomalous phenomena
record shall be destroyed, altered, or mutilated in any way.
(B) No unidentified anomalous phenomena record made
available or disclosed to the public prior to the date of the
enactment of this Act may be withheld, redacted, postponed for
public disclosure, or reclassified.
(C) No unidentified anomalous phenomena record created by a
person or entity outside the Federal Government (excluding
names or identities consistent with the requirements of section
9006) shall be withheld, redacted, postponed for public
disclosure, or reclassified.
(b) Custody of Unidentified Anomalous Phenomena Records Pending
Review.--During the review by the heads of Government offices under
subsection (c) and pending review activity by the Review Board, each
head of a Government office shall retain custody of the unidentified
anomalous phenomena records of the office for purposes of preservation,
security, and efficiency, unless--
(1) the Review Board requires the physical transfer of the
records for purposes of conducting an independent and impartial
review;
(2) transfer is necessary for an administrative hearing or
other Review Board function; or
(3) it is a third agency record described in subsection
(c)(2)(C).
(c) Review by Heads of Government Offices.--
(1) In general.--Not later than 300 days after the date of
the enactment of this Act, each head of a Government office
shall review, identify, and organize each unidentified
anomalous phenomena record in the custody or possession of the
office for--
(A) disclosure to the public;
(B) review by the Review Board; and
(C) transmission to the Archivist.
(2) Requirements.--In carrying out paragraph (1), the head
of a Government office shall--
(A) determine which of the records of the office
are unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous
phenomena records of the office have been officially
disclosed or made publicly available in a complete and
unredacted form;
(C)(i) determine which of the unidentified
anomalous phenomena records of the office, or
particular information contained in such a record, was
created by a third agency or by another Government
office; and
(ii) transmit to a third agency or other Government
office those records, or particular information
contained in those records, or complete and accurate
copies thereof;
(D)(i) determine whether the unidentified anomalous
phenomena records of the office or particular
information in unidentified anomalous phenomena records
of the office are covered by the standards for
postponement of public disclosure under this division;
and
(ii) specify on the identification aid required by
subsection (d) the applicable postponement provision
contained in section 9006;
(E) organize and make available to the Review Board
all unidentified anomalous phenomena records identified
under subparagraph (D) the public disclosure of, which
in-whole or in-part, may be postponed under this
division;
(F) organize and make available to the Review Board
any record concerning which the office has any
uncertainty as to whether the record is an unidentified
anomalous phenomena record governed by this division;
(G) give precedence of work to--
(i) the identification, review, and
transmission of unidentified anomalous
phenomena records not already publicly
available or disclosed as of the date of the
enactment of this Act;
(ii) the identification, review, and
transmission of all records that most
unambiguously and definitively pertain to
unidentified anomalous phenomena, technologies
of unknown origin, and non-human intelligence;
(iii) the identification, review, and
transmission of unidentified anomalous
phenomena records that on the date of the
enactment of this Act are the subject of
litigation under section 552 of title 5, United
States Code; and
(iv) the identification, review, and
transmission of unidentified anomalous
phenomena records with earliest provenance when
not inconsistent with clauses (i) through (iii)
and otherwise feasible; and
(H) make available to the Review Board any
additional information and records that the Review
Board has reason to believe the Review Board requires
for conducting a review under this division.
(3) Priority of expedited review for directors of certain
archival depositories.--The Director of each archival
depository established under section 2112 of title 44, United
States Code, shall have as a priority the expedited review for
public disclosure of unidentified anomalous phenomena records
in the possession and custody of the depository, and shall make
such records available to the Review Board as required by this
division.
(d) Identification Aids.--
(1) In general.--(A) Not later than 45 days after the date
of the enactment of this Act, the Archivist, in consultation
with the heads of such Government offices as the Archivist
considers appropriate, shall prepare and make available to all
Government offices a standard form of identification, or
finding aid, for use with each unidentified anomalous phenomena
record subject to review under this division whether in
hardcopy (physical), softcopy (electronic), or digitized data
format as may be appropriate.
(B) The Archivist shall ensure that the identification aid
program is established in such a manner as to result in the
creation of a uniform system for cataloging and finding every
unidentified anomalous phenomena record subject to review under
this division where ever and how ever stored in hardcopy
(physical), softcopy (electronic), or digitized data format.
(2) Requirements for government offices.--Upon completion
of an identification aid using the standard form of
identification prepared and made available under subparagraph
(A) of paragraph (1) for the program established pursuant to
subparagraph (B) of such paragraph, the head of a Government
office shall--
(A) attach a printed copy to each physical
unidentified anomalous phenomena record, and an
electronic copy to each softcopy or digitized data
unidentified anomalous phenomena record, the
identification aid describes;
(B) transmit to the Review Board a printed copy for
each physical unidentified anomalous phenomena record
and an electronic copy for each softcopy or digitized
data unidentified anomalous phenomena record the
identification aid describes; and
(C) attach a printed copy to each physical
unidentified anomalous phenomena record, and an
electronic copy to each softcopy or digitized data
unidentified anomalous phenomena record the
identification aid describes, when transmitted to the
Archivist.
(3) Records of the national archives that are publicly
available.--Unidentified anomalous phenomena records which are
in the possession of the National Archives on the date of the
enactment of this Act, and which have been publicly available
in their entirety without redaction, shall be made available in
the Collection without any additional review by the Review
Board or another authorized office under this division, and
shall not be required to have such an identification aid unless
required by the Archivist.
(e) Transmission to the National Archives.--Each head of a
Government office shall--
(1) transmit to the Archivist, and make immediately
available to the public, all unidentified anomalous phenomena
records of the Government office that can be publicly
disclosed, including those that are publicly available on the
date of the enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this
division; and
(2) transmit to the Archivist upon approval for
postponement by the Review Board or upon completion of other
action authorized by this division, all unidentified anomalous
phenomena records of the Government office the public
disclosure of which has been postponed, in whole or in part,
under the standards of this division, to become part of the
protected, yet-to-be disclosed, or classified portion of the
Collection.
(f) Custody of Postponed Unidentified Anomalous Phenomena
Records.--An unidentified anomalous phenomena record the public
disclosure of which has been postponed shall, pending transmission to
the Archivist, be held for reasons of security and preservation by the
originating body until such time as the information security program
has been established at the National Archives as required in section
9004(d)(2).
(g) Periodic Review of Postponed Unidentified Anomalous Phenomena
Records.--
(1) In general.--All postponed or redacted records shall be
reviewed periodically by the originating agency and the
Archivist consistent with the recommendations of the Review
Board in the Controlled Disclosure Campaign Plan under section
9009(c)(3)(B).
(2) Requirements.--(A) A periodic review under paragraph
(1) shall address the public disclosure of additional
unidentified anomalous phenomena records in the Collection
under the standards of this division.
(B) All postponed unidentified anomalous phenomena records
determined to require continued postponement shall require an
unclassified written description of the reason for such
continued postponement relevant to these specific records. Such
description shall be provided to the Archivist and published in
the Federal Register upon determination.
(C) The time and release requirements specified in the
Controlled Disclosure Campaign Plan shall be revised or amended
only if the Review Board is still in session and concurs with
the rationale for postponement, subject to the limitations in
section 9009(d)(1).
(D) The periodic review of postponed unidentified anomalous
phenomena records shall serve to downgrade and declassify
security classified information.
(E) Each unidentified anomalous phenomena record shall be
publicly disclosed in full, and available in the Collection,
not later than the date that is 25 years after the date of the
first creation of the record by the originating body, unless
the President certifies, as required by this division, that--
(i) continued postponement is made necessary by an
identifiable harm to the military defense, intelligence
operations, law enforcement, or conduct of foreign
relations; and
(ii) the identifiable harm is of such gravity that
it outweighs the public interest in disclosure.
(h) Requirements for Executive Agencies.--
(1) In general.--Executive agencies shall--
(A) transmit digital records electronically in
accordance with section 2107 of title 44, United States
Code;
(B) charge fees for copying unidentified anomalous
phenomena records; and
(C) grant waivers of such fees pursuant to the
standards established by section 552(a)(4) of title 5,
United States Code.
(2) Amount of fees.--The amount of a fee charged by the
head of an Executive agency pursuant to paragraph (1)(B) for
the copying of an unidentified anomalous phenomena record shall
be such amount as the head determines appropriate to cover the
costs incurred by the Executive agency in making and providing
such copy, except that in no case may the amount of the fee
charged exceed the actual expenses incurred by the Executive
agency in making and providing such copy.
SEC. 9006. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
Disclosure of unidentified anomalous phenomena records or
particular information in unidentified anomalous phenomena records to
the public may be postponed subject to the limitations of this division
if there is clear and convincing evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States posed by the public disclosure of the unidentified
anomalous phenomena record is of such gravity that it outweighs
the public interest in disclosure, and such public disclosure
would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method which is
currently utilized, or reasonably expected to be
utilized, by the Federal Government and which has not
been officially disclosed, the disclosure of which
would interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably and
substantially impair the national security of the
United States;
(2) the public disclosure of the unidentified anomalous
phenomena record would reveal the name or identity of a living
person who provided confidential information to the Federal
Government and would pose a substantial risk of harm to that
person;
(3) the public disclosure of the unidentified anomalous
phenomena record could reasonably be expected to constitute an
unwarranted invasion of personal privacy, and that invasion of
privacy is so substantial that it outweighs the public
interest; or
(4) the public disclosure of the unidentified anomalous
phenomena record would compromise the existence of an
understanding of confidentiality currently requiring protection
between a Federal Government agent and a cooperating individual
or a foreign government, and public disclosure would be so
harmful that it outweighs the public interest.
SEC. 9007. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS REVIEW BOARD.
(a) Establishment.--There is established as an independent agency a
board to be known as the ``Unidentified Anomalous Phenomena Records
Review Board''.
(b) Appointment.--
(1) In general.--The President, by and with the advice and
consent of the Senate, shall appoint, without regard to
political affiliation, 9 citizens of the United States to serve
as members of the Review Board to ensure and facilitate the
review, transmission to the Archivist, and public disclosure of
government records relating to unidentified anomalous
phenomena.
(2) Period for nominations.--(A) The President shall make
nominations to the Review Board not later than 90 calendar days
after the date of the enactment of this Act.
(B) If the Senate votes not to confirm a nomination to the
Review Board, the President shall make an additional nomination
not later than 30 days thereafter.
(3) Consideration of recommendations.--(A) The President
shall make nominations to the Review Board after considering
persons recommended by the following:
(i) The majority leader of the Senate.
(ii) The minority leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The minority leader of the House of
Representatives.
(v) The Secretary of Defense.
(vi) The National Academy of Sciences.
(vii) Established nonprofit research organizations
relating to unidentified anomalous phenomena.
(viii) The American Historical Association.
(ix) Such other persons and organizations as the
President considers appropriate.
(B) If an individual or organization described in
subparagraph (A) does not recommend at least 2 nominees meeting
the qualifications stated in paragraph (5) by the date that is
45 days after the date of the enactment of this Act, the
President shall consider for nomination the persons recommended
by the other individuals and organizations described in such
subparagraph.
(C) The President may request an individual or organization
described in subparagraph (A) to submit additional nominations.
(4) Qualifications.--Persons nominated to the Review
Board--
(A) shall be impartial citizens, none of whom shall
have had any previous or current involvement with any
legacy program or controlling authority relating to the
collection, exploitation, or reverse engineering of
technologies of unknown origin or the examination of
biological evidence of living or deceased non-human
intelligence;
(B) shall be distinguished persons of high national
professional reputation in their respective fields who
are capable of exercising the independent and objective
judgment necessary to the fulfillment of their role in
ensuring and facilitating the review, transmission to
the public, and public disclosure of records related to
the government's understanding of, and activities
associated with unidentified anomalous phenomena,
technologies of unknown origin, and non-human
intelligence and who possess an appreciation of the
value of such material to the public, scholars, and
government; and
(C) shall include at least--
(i) 1 current or former national security
official;
(ii) 1 current or former foreign service
official;
(iii) 1 scientist or engineer;
(iv) 1 economist;
(v) 1 professional historian; and
(vi) 1 sociologist.
(5) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a
review of each individual nominated and appointed to
the position of member of the Review Board to ensure
the member does not have any conflict of interest
during the term of the service of the member.
(B) Reports.--During the course of the review under
subparagraph (A), if the Director becomes aware that
the member being reviewed possesses a conflict of
interest to the mission of the Review Board, the
Director shall, not later than 30 days after the date
on which the Director became aware of the conflict of
interest, submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House
of Representatives a report on the conflict of
interest.
(c) Security Clearances.--
(1) In general.--All Review Board nominees shall be granted
the necessary security clearances and accesses, including any
and all relevant Presidential, departmental, and agency special
access programs, in an accelerated manner subject to the
standard procedures for granting such clearances.
(2) Qualification for nominees.--All nominees for
appointment to the Review Board under subsection (b) shall
qualify for the necessary security clearances and accesses
prior to being considered for confirmation by the Committee on
Homeland Security and Governmental Affairs of the Senate.
(d) Consideration by the Senate.--Nominations for appointment under
subsection (b) shall be referred to the Committee on Homeland Security
and Governmental Affairs of the Senate for consideration.
(e) Vacancy.--A vacancy on the Review Board shall be filled in the
same manner as specified for original appointment within 30 days of the
occurrence of the vacancy.
(f) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be
removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for
inefficiency, neglect of duty, malfeasance in office,
physical disability, mental incapacity, or any other
condition that substantially impairs the performance of
the member's duties.
(2) Notice of removal.--(A) If a member of the Review Board
is removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of
Representatives a report specifying the facts found and the
grounds for the removal.
(B) The President shall publish in the Federal Register a
report submitted under subparagraph (A), except that the
President may, if necessary to protect the rights of a person
named in the report or to prevent undue interference with any
pending prosecution, postpone or refrain from publishing any or
all of the report until the completion of such pending cases or
pursuant to privacy protection requirements in law.
(3) Judicial review.--(A) A member of the Review Board
removed from office may obtain judicial review of the removal
in a civil action commenced in the United States District Court
for the District of Columbia.
(B) The member may be reinstated or granted other
appropriate relief by order of the court.
(g) Compensation of Members.--
(1) In general.--A member of the Review Board, other than
the Executive Director under section 9008(c)(1), shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in lieu
of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of business
in the performance of services for the Review Board.
(h) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
decisions on a determination by a Government office to seek to
postpone the disclosure of unidentified anomalous phenomena
records.
(2) Considerations and rendering of decisions.--In carrying
out paragraph (1), the Review Board shall consider and render
decisions--
(A) whether a record constitutes a unidentified
anomalous phenomena record; and
(B) whether a unidentified anomalous phenomena
record or particular information in a record qualifies
for postponement of disclosure under this division.
(i) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this division, including
authority--
(A) to direct Government offices to complete
identification aids and organize unidentified anomalous
phenomena records;
(B) to direct Government offices to transmit to the
Archivist unidentified anomalous phenomena records as
required under this division, including segregable
portions of unidentified anomalous phenomena records
and substitutes and summaries of unidentified anomalous
phenomena records that can be publicly disclosed to the
fullest extent;
(C)(i) to obtain access to unidentified anomalous
phenomena records that have been identified and
organized by a Government office;
(ii) to direct a Government office to make
available to the Review Board, and if necessary
investigate the facts surrounding, additional
information, records, or testimony from individuals
which the Review Board has reason to believe are
required to fulfill its functions and responsibilities
under this division; and
(iii) request the Attorney General to subpoena
private persons to compel testimony, records, and other
information relevant to its responsibilities under this
division;
(D) require any Government office to account in
writing for the destruction of any records relating to
unidentified anomalous phenomena, technologies of
unknown origin, or non-human intelligence;
(E) receive information from the public regarding
the identification and public disclosure of
unidentified anomalous phenomena records;
(F) hold hearings, administer oaths, and subpoena
witnesses and documents;
(G) use the Federal Acquisition Service in the same
manner and under the same conditions as other Executive
agencies; and
(H) use the United States mails in the same manner
and under the same conditions as other Executive
agencies.
(2) Enforcement of subpoena.--A subpoena issued under
paragraph (1)(C)(iii) may be enforced by any appropriate
Federal court acting pursuant to a lawful request of the Review
Board.
(j) Witness Immunity.--The Review Board shall be considered to be
an agency of the United States for purposes of section 6001 of title
18, United States Code. Witnesses, close observers, and whistleblowers
providing information directly to the Review Board shall also be
afforded the protections provided to such persons specified under
section 1673(b) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)).
(k) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the official conduct of the Review Board and the disposition
of postponed records after termination of the Review Board, and
shall have access to any records held or created by the Review
Board.
(2) House of representatives.--Unless otherwise determined
appropriate by the House of Representatives, the Committee on
Oversight and Accountability of the House of Representatives
shall have continuing legislative oversight jurisdiction in the
House of Representatives with respect to the official conduct
of the Review Board and the disposition of postponed records
after termination of the Review Board, and shall have access to
any records held or created by the Review Board.
(3) Duty to cooperate.--The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
described in this subsection.
(4) Security clearances.--The Chairmen and Ranking Members
of the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Accountability
of the House of Representatives, and staff of such committees
designated by such Chairmen and Ranking Members, shall be
granted all security clearances and accesses held by the Review
Board, including to relevant Presidential and department or
agency special access and compartmented access programs.
(l) Support Services.--The Administrator of the General Services
Administration shall provide administrative services for the Review
Board on a reimbursable basis.
(m) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
(n) Termination and Winding Down.--
(1) In general.--The Review Board and the terms of its
members shall terminate not later than September 30, 2030,
unless extended by Congress.
(2) Reports.--Upon its termination, the Review Board shall
submit to the President and Congress reports, including a
complete and accurate accounting of expenditures during its
existence and shall complete all other reporting requirements
under this division.
(3) Transfer of records.--Upon termination and winding
down, the Review Board shall transfer all of its records to the
Archivist for inclusion in the Collection, and no record of the
Review Board shall be destroyed.
SEC. 9008. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW BOARD
PERSONNEL.
(a) Executive Director.--
(1) Appointment.--Not later than 45 days after the date of
the enactment of this Act, the President shall appoint 1
citizen of the United States, without regard to political
affiliation, to the position of Executive Director of the
Review Board. This position counts as 1 of the 9 Review Board
members under section 9007(b)(1).
(2) Qualifications.--The person appointed as Executive
Director shall be a private citizen of integrity and
impartiality who--
(A) is a distinguished professional; and
(B) is not a present employee of the Federal
Government; and
(C) has had no previous or current involvement with
any legacy program or controlling authority relating to
the collection, exploitation, or reverse engineering of
technologies of unknown origin or the examination of
biological evidence of living or deceased non-human
intelligence.
(3) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a
review of each individual appointed to the position of
Executive Director to ensure the Executive Director
does not have any conflict of interest during the term
of the service of the Executive Director.
(B) Reports.--During the course of the review under
subparagraph (A), if the Director becomes aware that
the Executive Director possesses a conflict of interest
to the mission of the Review Board, the Director shall,
not later than 30 days after the date on which the
Director became aware of the conflict of interest,
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
(4) Security clearances.--(A) A candidate for Executive
Director shall be granted all the necessary security clearances
and accesses, including to relevant Presidential and department
or agency special access and compartmented access programs in
an accelerated manner subject to the standard procedures for
granting such clearances.
(B) A candidate shall qualify for the necessary security
clearances and accesses prior to being appointed by the
President.
(5) Functions.--The Executive Director shall--
(A) serve as principal liaison to the Executive
Office of the President and Congress;
(B) serve as Chairperson of the Review Board;
(C) be responsible for the administration and
coordination of the Review Board's review of records;
(D) be responsible for the administration of all
official activities conducted by the Review Board;
(E) exercise tie-breaking Review Board authority to
decide or determine whether any record should be
disclosed to the public or postponed for disclosure;
and
(F) retain right-of-appeal directly to the
President for decisions pertaining to executive branch
unidentified anomalous phenomena records for which the
Executive Director and Review Board members may
disagree.
(6) Removal.--The Executive Director shall not be removed
for reasons other for cause on the grounds of inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the responsibilities of the
Executive Director or the staff of the Review Board.
(b) Staff.--
(1) In general.--The Review Board, without regard to the
civil service laws, may appoint and terminate additional
personnel as are necessary to enable the Review Board and its
Executive Director to perform the duties of the Review Board.
(2) Qualifications.--
(A) In general.--Except as provided in subparagraph
(B), a person appointed to the staff of the Review
Board shall be a citizen of integrity and impartiality
who has had no previous or current involvement with any
legacy program or controlling authority relating to the
collection, exploitation, or reverse engineering of
technologies of unknown origin or the examination of
biological evidence of living or deceased non-human
intelligence.
(B) Consultation with director of the office of
government ethics.--In their consideration of persons
to be appointed as staff of the Review Board under
paragraph (1), the Review Board shall consult with the
Director--
(i) to determine criteria for possible
conflicts of interest of staff of the Review
Board, consistent with ethics laws, statutes,
and regulations for employees of the executive
branch of the Federal Government; and
(ii) ensure that no person selected for
such position of staff of the Review Board
possesses a conflict of interests in accordance
with the criteria determined pursuant to clause
(i).
(3) Security clearances.--(A) A candidate for staff shall
be granted the necessary security clearances (including all
necessary special access program clearances) in an accelerated
manner subject to the standard procedures for granting such
clearances.
(B)(i) The Review Board may offer conditional employment to
a candidate for a staff position pending the completion of
security clearance background investigations. During the
pendency of such investigations, the Review Board shall ensure
that any such employee does not have access to, or
responsibility involving, classified or otherwise restricted
unidentified anomalous phenomena record materials.
(ii) If a person hired on a conditional basis under clause
(i) is denied or otherwise does not qualify for all security
clearances necessary to carry out the responsibilities of the
position for which conditional employment has been offered, the
Review Board shall immediately terminate the person's
employment.
(4) Support from national declassification center.--The
Archivist shall assign one representative in full-time
equivalent status from the National Declassification Center to
advise and support the Review Board disclosure postponement
review process in a non-voting staff capacity.
(c) Compensation.--Subject to such rules as may be adopted by the
Review Board, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service and
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates--
(1) the Executive Director shall be compensated at a rate
not to exceed the rate of basic pay for level II of the
Executive Schedule and shall serve the entire tenure as one
full-time equivalent; and
(2) the Executive Director shall appoint and fix
compensation of such other personnel as may be necessary to
carry out this division.
(d) Advisory Committees.--
(1) Authority.--The Review Board may create advisory
committees to assist in fulfilling the responsibilities of the
Review Board under this division.
(2) FACA.--Any advisory committee created by the Review
Board shall be subject to chapter 10 of title 5, United States
Code.
(e) Security Clearance Required.--An individual employed in any
position by the Review Board (including an individual appointed as
Executive Director) shall be required to qualify for any necessary
security clearance prior to taking office in that position, but may be
employed conditionally in accordance with subsection (b)(3)(B) before
qualifying for that clearance.
SEC. 9009. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS PHENOMENA
RECORDS REVIEW BOARD.
(a) Custody of Records Reviewed by Review Board.--Pending the
outcome of a review of activity by the Review Board, a Government
office shall retain custody of its unidentified anomalous phenomena
records for purposes of preservation, security, and efficiency,
unless--
(1) the Review Board requires the physical transfer of
records for reasons of conducting an independent and impartial
review; or
(2) such transfer is necessary for an administrative
hearing or other official Review Board function.
(b) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date of its
appointment, publish a schedule in the Federal Register for
review of all unidentified anomalous phenomena records;
(2) not later than 180 days after the date of the enactment
of this Act, begin its review of unidentified anomalous
phenomena records under this division; and
(3) periodically thereafter as warranted, but not less
frequently than semiannually, publish a revised schedule in the
Federal Register addressing the review and inclusion of any
unidentified anomalous phenomena records subsequently
discovered.
(c) Determinations of the Review Board.--
(1) In general.--The Review Board shall direct that all
unidentified anomalous phenomena records be transmitted to the
Archivist and disclosed to the public in the Collection in the
absence of clear and convincing evidence that--
(A) a Government record is not an unidentified
anomalous phenomena record; or
(B) a Government record, or particular information
within an unidentified anomalous phenomena record,
qualifies for postponement of public disclosure under
this division.
(2) Requirements.--In approving postponement of public
disclosure of a unidentified anomalous phenomena record, the
Review Board shall seek to--
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating
body and consistent with the standards for postponement
under this division, which of the following alternative
forms of disclosure shall be made by the originating
body:
(i) Any reasonably segregable particular
information in a unidentified anomalous
phenomena record.
(ii) A substitute record for that
information which is postponed.
(iii) A summary of a unidentified anomalous
phenomena record.
(3) Controlled disclosure campaign plan.--With respect to
unidentified anomalous phenomena records, particular
information in unidentified anomalous phenomena records,
recovered technologies of unknown origin, and biological
evidence for non-human intelligence the public disclosure of
which is postponed pursuant to section 9006, or for which only
substitutions or summaries have been disclosed to the public,
the Review Board shall create and transmit to the President,
the Archivist, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives a
Controlled Disclosure Campaign Plan, with classified appendix,
containing--
(A) a description of actions by the Review Board,
the originating body, the President, or any Government
office (including a justification of any such action to
postpone disclosure of any record or part of any
record) and of any official proceedings conducted by
the Review Board with regard to specific unidentified
anomalous phenomena records; and
(B) a benchmark-driven plan, based upon a review of
the proceedings and in conformity with the decisions
reflected therein, recommending precise requirements
for periodic review, downgrading, and declassification
as well as the exact time or specified occurrence
following which each postponed item may be
appropriately disclosed to the public under this
division.
(4) Notice following review and determination.--(A)
Following its review and a determination that a unidentified
anomalous phenomena record shall be publicly disclosed in the
Collection or postponed for disclosure and held in the
protected Collection, the Review Board shall notify the head of
the originating body of the determination of the Review Board
and publish a copy of the determination in the Federal Register
within 14 days after the determination is made.
(B) Contemporaneous notice shall be made to the President
for Review Board determinations regarding unidentified
anomalous phenomena records of the executive branch of the
Federal Government, and to the oversight committees designated
in this division in the case of records of the legislative
branch of the Federal Government. Such notice shall contain a
written unclassified justification for public disclosure or
postponement of disclosure, including an explanation of the
application of any standards contained in section 9006.
(d) Presidential Authority Over Review Board Determination.--
(1) Public disclosure or postponement of disclosure.--After
the Review Board has made a formal determination concerning the
public disclosure or postponement of disclosure of an
unidentified anomalous phenomena record of the executive branch
of the Federal Government or information within such a record,
or of any information contained in a unidentified anomalous
phenomena record, obtained or developed solely within the
executive branch of the Federal Government, the President
shall--
(A) have the sole and nondelegable authority to
require the disclosure or postponement of such record
or information under the standards set forth in section
9006; and
(B) provide the Review Board with both an
unclassified and classified written certification
specifying the President's decision within 30 days
after the Review Board's determination and notice to
the executive branch agency as required under this
division, stating the justification for the President's
decision, including the applicable grounds for
postponement under section 9006, accompanied by a copy
of the identification aid required under section 9004.
(2) Periodic review.--(A) Any unidentified anomalous
phenomena record postponed by the President shall henceforth be
subject to the requirements of periodic review, downgrading,
declassification, and public disclosure in accordance with the
recommended timeline and associated requirements specified in
the Controlled Disclosure Campaign Plan unless these conflict
with the standards set forth in section 9006.
(B) This paragraph supersedes all prior declassification
review standards that may previously have been deemed
applicable to unidentified anomalous phenomena records.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt--
(A) publish in the Federal Register a copy of any
unclassified written certification, statement, and
other materials transmitted by or on behalf of the
President with regard to postponement of unidentified
anomalous phenomena records; and
(B) revise or amend recommendations in the
Controlled Disclosure Campaign Plan accordingly.
(e) Notice to Public.--Every 30 calendar days, beginning on the
date that is 60 calendar days after the date on which the Review Board
first approves the postponement of disclosure of a unidentified
anomalous phenomena record, the Review Board shall publish in the
Federal Register a notice that summarizes the postponements approved by
the Review Board or initiated by the President, the Senate, or the
House of Representatives, including a description of the subject,
originating agency, length or other physical description, and each
ground for postponement that is relied upon to the maximum extent
classification restrictions permitting.
(f) Reports by the Review Board.--
(1) In general.--The Review Board shall report its
activities to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, the President, the Archivist, and the head of
any Government office whose records have been the subject of
Review Board activity.
(2) First report.--The first report shall be issued on the
date that is 1 year after the date of enactment of this Act,
and subsequent reports every 1 year thereafter until
termination of the Review Board.
(3) Contents.--A report under paragraph (1) shall include
the following information:
(A) A financial report of the expenses for all
official activities and requirements of the Review
Board and its personnel.
(B) The progress made on review, transmission to
the Archivist, and public disclosure of unidentified
anomalous phenomena records.
(C) The estimated time and volume of unidentified
anomalous phenomena records involved in the completion
of the Review Board's performance under this division.
(D) Any special problems, including requests and
the level of cooperation of Government offices, with
regard to the ability of the Review Board to operate as
required by this division.
(E) A record of review activities, including a
record of postponement decisions by the Review Board or
other related actions authorized by this division, and
a record of the volume of records reviewed and
postponed.
(F) Suggestions and requests to Congress for
additional legislative authority needs.
(4) Copies and briefs.--Coincident with the reporting
requirements in paragraph (2), or more frequently as warranted
by new information, the Review Board shall provide copies to,
and fully brief, at a minimum the President, the Archivist,
leadership of Congress, the Chairmen and Ranking Members of the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Accountability of the
House of Representatives, and the Chairs and Chairmen, as the
case may be, and Ranking Members and Vice Chairmen, as the case
may be, of such other committees as leadership of Congress
determines appropriate on the Controlled Disclosure Campaign
Plan, classified appendix, and postponed disclosures,
specifically addressing--
(A) recommendations for periodic review,
downgrading, and declassification as well as the exact
time or specified occurrence following which specific
unidentified anomalous phenomena records and material
may be appropriately disclosed;
(B) the rationale behind each postponement
determination and the recommended means to achieve
disclosure of each postponed item;
(C) any other findings that the Review Board
chooses to offer; and
(D) an addendum containing copies of reports of
postponed records to the Archivist required under
subsection (c)(3) made since the date of the preceding
report under this subsection.
(5) Notice.--At least 90 calendar days before completing
its work, the Review Board shall provide written notice to the
President and Congress of its intention to terminate its
operations at a specified date.
(6) Briefing the all-domain anomaly resolution office.--
Coincident with the provision in paragraph (5), if not
accomplished earlier under paragraph (4), the Review Board
shall brief the All-domain Anomaly Resolution Office
established pursuant to section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its
successor, as subsequently designated by Act of Congress, on
the Controlled Disclosure Campaign Plan, classified appendix,
and postponed disclosures.
SEC. 9010. DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN ORIGIN AND
BIOLOGICAL EVIDENCE OF NON-HUMAN INTELLIGENCE.
(a) Exercise of Eminent Domain.--The Federal Government shall
exercise eminent domain over any and all recovered technologies of
unknown origin and biological evidence of non-human intelligence that
may be controlled by private persons or entities in the interests of
the public good.
(b) Availability to Review Board.--Any and all such material,
should it exist, shall be made available to the Review Board for
personal examination and subsequent disclosure determination at a
location suitable to the controlling authority of said material and in
a timely manner conducive to the objectives of the Review Board in
accordance with the requirements of this division.
(c) Actions of Review Board.--In carrying out subsection (b), the
Review Board shall consider and render decisions--
(1) whether the material examined constitutes technologies
of unknown origin or biological evidence of non-human
intelligence beyond a reasonable doubt;
(2) whether recovered technologies of unknown origin,
biological evidence of non-human intelligence, or a particular
subset of material qualifies for postponement of disclosure
under this division; and
(3) what changes, if any, to the current disposition of
said material should the Federal Government make to facilitate
full disclosure.
(d) Review Board Access to Testimony and Witnesses.--The Review
Board shall have access to all testimony from unidentified anomalous
phenomena witnesses, close observers and legacy program personnel and
whistleblowers within the Federal Government's possession as of and
after the date of the enactment of this Act in furtherance of Review
Board disclosure determination responsibilities in section 9007(h) and
subsection (c) of this section.
(e) Solicitation of Additional Witnesses.--The Review Board shall
solicit additional unidentified anomalous phenomena witness and
whistleblower testimony and afford protections under section 1673(b) of
the James M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (50 U.S.C. 3373b(b)) if deemed beneficial in fulfilling Review
Board responsibilities under this division.
SEC. 9011. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.
(a) Materials Under Seal of Court.--
(1) Information held under seal of a court.--The Review
Board may request the Attorney General to petition any court in
the United States or abroad to release any information relevant
to unidentified anomalous phenomena, technologies of unknown
origin, or non-human intelligence that is held under seal of
the court.
(2) Information held under injunction of secretary of grand
jury.--(A) The Review Board may request the Attorney General to
petition any court in the United States to release any
information relevant to unidentified anomalous phenomena,
technologies of unknown origin, or non-human intelligence that
is held under the injunction of secrecy of a grand jury.
(B) A request for disclosure of unidentified anomalous
phenomena, technologies of unknown origin, and non-human
intelligence materials under this division shall be deemed to
constitute a showing of particularized need under rule 6 of the
Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact any foreign
government that may hold material relevant to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence and seek disclosure of such material; and
(3) all heads of Executive agencies should cooperate in
full with the Review Board to seek the disclosure of all
material relevant to unidentified anomalous phenomena,
technologies of unknown origin, and non-human intelligence
consistent with the public interest.
SEC. 9012. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this division requires
transmission of a record to the Archivist or public disclosure, it
shall take precedence over any other provision of law (except section
6103 of the Internal Revenue Code of 1986 specifying confidentiality
and disclosure of tax returns and tax return information), judicial
decision construing such provision of law, or common law doctrine that
would otherwise prohibit such transmission or disclosure, with the
exception of deeds governing access to or transfer or release of gifts
and donations of records to the United States Government.
(b) Freedom of Information Act.--Nothing in this division shall be
construed to eliminate or limit any right to file requests with any
executive agency or seek judicial review of the decisions pursuant to
section 552 of title 5, United States Code.
(c) Judicial Review.--Nothing in this division shall be construed
to preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this
division.
(d) Existing Authority.--Nothing in this division revokes or limits
the existing authority of the President, any executive agency, the
Senate, or the House of Representatives, or any other entity of the
Federal Government to publicly disclose records in its possession.
(e) Rules of the Senate and House of Representatives.--To the
extent that any provision of this division establishes a procedure to
be followed in the Senate or the House of Representatives, such
provision is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to be
part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that
House, and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 9013. TERMINATION OF EFFECT OF DIVISION.
(a) Provisions Pertaining to the Review Board.--The provisions of
this division that pertain to the appointment and operation of the
Review Board shall cease to be effective when the Review Board and the
terms of its members have terminated pursuant to section 9007(n).
(b) Other Provisions.--(1) The remaining provisions of this
division shall continue in effect until such time as the Archivist
certifies to the President and Congress that all unidentified anomalous
phenomena records have been made available to the public in accordance
with this division.
(2) In facilitation of the provision in paragraph (1), the All-
domain Anomaly Resolution Office established pursuant to section 1683
of the National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373), or its successor as subsequently designated by Act of
Congress, shall develop standardized unidentified anomalous phenomena
declassification guidance applicable to any and all unidentified
anomalous phenomena records generated by originating bodies subsequent
to termination of the Review Board consistent with the requirements and
intent of the Controlled Disclosure Campaign Plan with respect to
unidentified anomalous phenomena records originated prior to Review
Board termination.
SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the provisions
of this division $20,000,000 for fiscal year 2024.
SEC. 9015. SEVERABILITY.
If any provision of this division or the application thereof to any
person or circumstance is held invalid, the remainder of this division
and the application of that provision to other persons not similarly
situated or to other circumstances shall not be affected by the
invalidation.
DIVISION H--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Architect of the Capitol
Appointment Act of 2023''.
SEC. 10002. APPOINTMENT AND TERM OF SERVICE OF ARCHITECT OF THE
CAPITOL.
(a) Appointment.--The Architect of the Capitol shall be appointed,
without regard to political affiliation and solely on the basis of
fitness to perform the duties of the office, upon a majority vote of a
congressional commission (referred to in this section as the
``commission'') consisting of the Speaker of the House of
Representatives, the majority leader of the Senate, the minority
leaders of the House of Representatives and Senate, the chair and
ranking minority member of the Committee on Appropriations of the House
of Representatives, the chairman and ranking minority member of the
Committee on Appropriations of the Senate, the chair and ranking
minority member of the Committee on House Administration of the House
of Representatives, and the chairman and ranking minority member of the
Committee on Rules and Administration of the Senate.
(b) Term of Service.--The Architect of the Capitol shall be
appointed for a term of 10 years and, upon a majority vote of the
members of the commission, may be reappointed for additional 10-year
terms.
(c) Removal.--The Architect of the Capitol may be removed from
office at any time upon a majority vote of the members of the
commission.
(d) Conforming Amendments.--
(1) Section 319 of the Legislative Branch Appropriations
Act, 1990 (2 U.S.C. 1801) is repealed.
(2) The matter under the heading ``For the Capitol:'' under
the heading ``DEPARTMENT OF THE INTERIOR.'' of the Act of
February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2
U.S.C. 1811) is amended by striking ``, and he shall be
appointed by the President''.
(e) Effective Date.--This section, and the amendments made by this
section, shall apply with respect to appointments made on or after the
date of enactment of this Act.
SEC. 10003. APPOINTMENT OF DEPUTY ARCHITECT OF THE CAPITOL; VACANCY IN
ARCHITECT OR DEPUTY ARCHITECT.
Section 1203 of title I of division H of the Consolidated
Appropriations Resolution, 2003 (2 U.S.C. 1805) is amended--
(1) in subsection (a)--
(A) by inserting ``(in this section referred to as
the `Architect')'' after ``The Architect of the
Capitol''; and
(B) by inserting ``(in this section referred to as
the `Deputy Architect')'' after ``Deputy Architect of
the Capitol'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Deadline.--The Architect shall appoint a Deputy Architect
under subsection (a) not later than 120 days after--
``(1) the date on which the Architect is appointed under
section 10002 of the Architect of the Capitol Appointment Act
of 2023, if there is no Deputy Architect on the date of the
appointment; or
``(2) the date on which a vacancy arises in the office of
the Deputy Architect.'';
(4) in subsection (c), as so redesignated, by striking ``of
the Capitol'' each place it appears; and
(5) by adding at the end the following:
``(d) Failure To Appoint.--If the Architect does not appoint a
Deputy Architect on or before the applicable date specified in
subsection (b), the congressional commission described in section
10002(a) of the Architect of the Capitol Appointment Act of 2023 shall
appoint the Deputy Architect by a majority vote of the members of the
commission.
``(e) Notification.--If the position of Deputy Architect becomes
vacant, the Architect shall immediately notify the members of the
congressional commission described in section 10002(a) of the Architect
of the Capitol Appointment Act of 2023.''.
SEC. 10004. DEPUTY ARCHITECT OF THE CAPITOL TO SERVE AS ACTING IN CASE
OF ABSENCE, DISABILITY, OR VACANCY.
(a) In General.--The Deputy Architect of the Capitol (in this
section referred to as the ``Deputy Architect'') shall act as Architect
of the Capitol (in this section referred to as the ``Architect'') if
the Architect is absent or disabled or there is no Architect.
(b) Absence, Disability, or Vacancy in Office of Deputy
Architect.--For purposes of subsection (a), if the Deputy Architect is
also absent or disabled or there is no Deputy Architect, the
congressional commission described in section 10002(a) shall designate,
by a majority vote of the members of the commission, an individual to
serve as acting Architect until--
(1) the end of the absence or disability of the Architect
or the Deputy Architect; or
(2) in the case of vacancies in both positions, an
Architect has been appointed under section 10002(a).
(c) Authority.--An officer serving as acting Architect under
subsection (a) or (b) shall perform all the duties and exercise all the
authorities of the Architect, including the authority to delegate the
duties and authorities of the Architect in accordance with the matter
under the heading ``Office of the Architect of the Capitol'' under the
heading ``ARCHITECT OF THE CAPITOL'' of the Legislative Appropriation
Act, 1956 (2 U.S.C. 1803).
(d) Conforming Amendment.--The matter under the heading
``salaries'' under the heading ``Office of the Architect of the
Capitol'' under the heading ``ARCHITECT OF THE CAPITOL'' of the
Legislative Branch Appropriation Act, 1971 (2 U.S.C. 1804) is amended
by striking ``: Provided,'' and all that follows through ``no
Architect''.
DIVISION I--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Fair Debt Collection Practices
for Servicemembers Act''.
SEC. 11002. ENHANCED PROTECTION AGAINST DEBT COLLECTOR HARASSMENT OF
SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.--Section 805
of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended
by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in
section 987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated,
discharged, or released from duty described in such
section 987(i)(1), but only during the 365-day period
beginning on the date of separation, discharge, or
release; or
``(ii) a person, with respect to an individual
described in clause (i), described in subparagraph (A),
(D), (E), or (I) of section 1072(2) of title 10, United
States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced
in rank;
``(B) threaten to have the covered member's
security clearance revoked; or
``(C) threaten to have the covered member
prosecuted under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692f) is amended by adding at the end the
following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a debt
collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice).''.
SEC. 11003. GAO STUDY.
The Comptroller General of the United States shall conduct a study
and submit a report to Congress on the impact of this division on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by this division);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be impacted by
uncollected debt.
DIVISION J--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2023
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of 2023''.
SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the
end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section 202,
if the recipient is using 1 or more additional sources of
Federal funds to carry out the project, and the grant amounts
received under this Act constitute the largest single source of
Federal funds that the recipient reasonably expects to commit
to the project at the time of environmental review, the Indian
tribe of the recipient may assume, in addition to all of the
responsibilities for environmental review, decision making, and
action under subsection (a), all of the additional
responsibilities for environmental review, decision making, and
action under provisions of law that would apply to each Federal
agency providing additional funding were the Federal agency to
carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review, decision
making, and action under paragraph (1) with respect to a
project shall be deemed to discharge the responsibility of the
applicable Federal agency for environmental review, decision
making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall certify,
in addition to the requirements under subsection (c)--
``(A) the additional responsibilities that the
Indian tribe has fully carried out under this
subsection; and
``(B) that the certifying officer consents to
assume the status of a responsible Federal official
under the provisions of law that would apply to each
Federal agency providing additional funding under
paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes
an environmental review under this subsection shall
assume sole liability for the content and quality of
the review.
``(B) Remedies and sanctions.--Except as provided
in subparagraph (C), if the Secretary approves a
certification and release of funds to an Indian tribe
for a project in accordance with subsection (b), but
the Secretary or the head of another Federal agency
providing funding for the project subsequently learns
that the Indian tribe failed to carry out the
responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the
Secretary or other head, as applicable, may impose
appropriate remedies and sanctions in accordance with--
``(i) the regulations issued pursuant to
section 106; or
``(ii) such regulations as are issued by
the other head.
``(C) Statutory violation waivers.--If the
Secretary waives the requirements under this section in
accordance with subsection (d) with respect to a
project for which an Indian tribe assumes additional
responsibilities under paragraph (1), the waiver shall
prohibit any other Federal agency providing additional
funding for the project from imposing remedies or
sanctions for failure to comply with requirements for
environmental review, decision making, and action under
provisions of law that would apply to the Federal
agency.''.
SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first
sentence, by striking ``2009 through 2013'' and inserting ``2024
through 2030''.
SEC. 11004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting
``including college housing assistance'' after ``self-sufficiency and
other services,''.
SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR OPERATED BY
INDIAN TRIBE OR TRIBALLY DESIGNATED HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by
inserting ``owned or operated by a recipient and'' after ``residing in
a dwelling unit''.
SEC. 11006. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking
``$5,000'' and inserting ``$7,000''.
SEC. 11007. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND
INCOME TARGETING.
Section 205 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, that the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting
the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 11008. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the
end the following:
``(c) Notice of Termination.--The notice period described in
subsection (a)(3) shall apply to projects and programs funded in part
by amounts authorized under this Act.''.
SEC. 11009. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131
et seq.) is amended by adding at the end the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director of the
Indian Health Service, or a recipient receiving funding for a housing
construction or renovation project under this title, may use funding
from the Indian Health Service for the construction of sanitation
facilities under that project.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after
the item relating to section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 11010. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may immediately
take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes
an action described in subparagraph (A), the
Secretary shall provide notice to the recipient
at the time that the Secretary takes that
action.
``(ii) Notice requirements.--The notice
under clause (i) shall inform the recipient
that the recipient may request a hearing by not
later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing
requested under clause (ii) shall be
conducted--
``(I) in accordance with subpart A
of part 26 of title 24, Code of Federal
Regulations (or successor regulations);
and
``(II) to the maximum extent
practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a
hearing requested under clause (ii) is not
completed by the date that is 180 days after
the date on which the recipient requests the
hearing, the action of the Secretary to limit
the availability of payments shall no longer be
effective.''.
SEC. 11011. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''.
SEC. 11012. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 11013. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to subrecipients,
except for for-profit entities, using amounts provided under
this title to carry out affordable housing activities upon a
determination by the Director that such subrecipients have
adequate capacity to carry out activities in accordance with
this Act.''.
SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4243) is amended by striking
``such sums as may be necessary'' and all that follows through the
period at the end and inserting ``such sums as may be necessary for
each of fiscal years 2024 through 2030.''.
SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103))
that is developed, acquired, or assisted under the block grant program
established under section 101 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by
more than 20 percent, without prior approval of the Secretary of
Housing and Urban Development, the total development cost maximum cost
for all housing assisted under an affordable housing activity,
including development and model activities.
SEC. 11016. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND SPECIAL
ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974
(42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes and Tribally Designated Housing Entities as
Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally
designated housing entity' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian tribe
receiving a grant under paragraph (1) of section 106(a)(1) shall be
authorized to directly carry out activities described in paragraph (15)
of such section 106(a)(1).''.
SEC. 11017. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private financing
to Indian families, Indian housing authorities, and Indian Tribes, who
otherwise could not acquire housing financing because of the unique
legal status of Indian lands and the unique nature of tribal economies,
and to expand homeownership opportunities to Indian families, Indian
housing authorities and Indian tribes on fee simple lands, the
Secretary may guarantee not to exceed 100 percent of the unpaid
principal and interest due on any loan eligible under subsection (b)
made to an Indian family, Indian housing authority, or Indian Tribe on
trust land and fee simple land.''; and
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margins
accordingly;
(ii) by striking ``The loan'' and inserting
the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so
designated, by adding at the end the following:
``(v) Any other lender that is supervised,
approved, regulated, or insured by any agency
of the Federal Government, including any entity
certified as a community development financial
institution by the Community Development
Financial Institutions Fund established under
section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4703(a)).''; and
(iv) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may
authorize qualifying lenders to participate in
a direct guarantee process for approving loans
under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary
determines that a mortgage guaranteed
through a direct guarantee process
under this subparagraph was not
originated in accordance with the
requirements established by the
Secretary, the Secretary may require
the lender approved under this
subparagraph to indemnify the Secretary
for the loss, irrespective of whether
the violation caused the mortgage
default.
``(II) Fraud or
misrepresentation.--If fraud or
misrepresentation is involved in a
direct guarantee process under this
subparagraph, the Secretary shall
require the original lender approved
under this subparagraph to indemnify
the Secretary for the loss regardless
of when an insurance claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may
periodically review the mortgagees originating,
underwriting, or servicing single family
mortgage loans under this section.
``(ii) Requirements.--In conducting a
review under clause (i), the Secretary--
``(I) shall compare the mortgagee
with other mortgagees originating or
underwriting loan guarantees for Indian
housing based on the rates of defaults
and claims for guaranteed mortgage
loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee
with such other mortgagees based on
underwriting quality, geographic area
served, or any commonly used factors
the Secretary determines necessary for
comparing mortgage default risk,
provided that the comparison is of
factors that the Secretary would expect
to affect the default risk of mortgage
loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by
regulation, notice, or mortgagee letter; and
``(I) may terminate the approval of
a mortgagee to originate, underwrite,
or service loan guarantees for housing
under this section if the Secretary
determines that the mortgage loans
originated, underwritten, or serviced
by the mortgagee present an
unacceptable risk to the Indian Housing
Loan Guarantee Fund established under
subsection (i)--
``(aa) based on a
comparison of any of the
factors set forth in this
subparagraph; or
``(bb) by a determination
that the mortgagee engaged in
fraud or misrepresentation.'';
and
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (h)(1)(B), the term of
the loan shall not exceed 40 years''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2024 through 2030.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2024 through 2030''.
SEC. 11018. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who are
eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in the
State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as
clause (v); and
(II) by adding after clause (iii)
the following:
``(iv) Any other lender that is supervised,
approved, regulated, or insured by any agency
of the Federal Government, including any entity
certified as a community development financial
institution by the Community Development
Financial Institutions Fund established under
section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4703(a)).''; and
(ii) by adding at the end the following:
``(C) Indemnification.--
``(i) In general.--If the Secretary
determines that a mortgage guaranteed through a
direct guarantee process under this section was
not originated in accordance with the
requirements established by the Secretary, the
Secretary may require the lender approved under
this section to indemnify the Secretary for the
loss, irrespective of whether the violation
caused the mortgage default.
``(ii) Direct guarantee endorsement.--The
Secretary may, dependent on the availability of
systems development and staffing resources,
delegate to eligible lenders the authority to
directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If
fraud or misrepresentation was involved in the
direct guarantee endorsement process by a
lender under this section, the Secretary shall
require the approved direct guarantee
endorsement lender to indemnify the Secretary
for any loss or potential loss, regardless of
whether the fraud or misrepresentation caused
or may cause the loan default.
``(iv) Implementation.--The Secretary may
implement any requirements described in this
subparagraph by regulation, notice, or Dear
Lender Letter.''.
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (i)(1)(B), the term of
the loan shall not exceed 40 years'';
(3) in subsection (d)--
(A) in paragraph (1), by adding at the end the
following:
``(C) Exception.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority pursuant to subsection (c)(4)(C)(ii),
subparagraphs (A) and (B) of this paragraph shall not
apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--The Secretary may approve a loan
for guarantee under this section and issue a
certificate under this subsection only if the Secretary
determines that there is a reasonable prospect of
repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement
lender may issue a certificate under this
paragraph as evidence of the guarantee in
accordance with requirements prescribed by the
Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where
applicable, the direct guarantee endorsement lender,''
after ``Secretary'' and
(4) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2024 through 2030.''.
SEC. 11019. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or use
a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of
the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII
of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may, in consultation with the
Bureau of Indian Affairs and relevant Tribal law enforcement agencies,
make grants under this section to recipients of assistance under the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.) for use in eliminating drug-related and
violent crime.
(c) Eligible Activities.--Grants under this section may be used
for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional security
and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in
and around the real property comprising housing
assisted under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.); and
(B) to provide evidence relating to such crime in
any administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant patrols
acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and drug
abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate drugs
and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-
related or violent crime in and around of the housing
administered or owned by the applicant for which the
application is being submitted; and
(B) such additional information as the Secretary
may reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime
problem in and around the housing or projects proposed
for assistance;
(B) the quality of the plan to address the crime
problem in the housing or projects proposed for
assistance, including the extent to which the plan
includes initiatives that can be sustained over a
period of several years;
(C) the capability of the applicant to carry out
the plan; and
(D) the extent to which tenants, the Tribal
government, and the Tribal community support and
participate in the design and implementation of the
activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the
extent of the drug-related crime problem pursuant to subsection (d)(2),
the Secretary may consider whether housing or projects proposed for
assistance are located in a high intensity drug trafficking area
designated pursuant to section 707(b) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include the
obligation and expenditure of grant funds, the progress made by
the grantee in implementing the plan described in subsection
(d)(1)(A), and any change in the incidence of drug-related
crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that
amounts made available under section are not used to
fund baseline local government services, as described
in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the
website of the Department a notice of all grant awards made pursuant to
section, which shall identify the grantees and the amount of the
grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that assistance
provided under this subsection is administered in accordance
with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this
section may not be used to reimburse or support any
local law enforcement agency or unit of general local
government for the provision of services that are
included in the baseline of services required to be
provided by any such entity pursuant to a local
cooperative agreement pursuant under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) or any provision of an annual
contributions contract for payments in lieu of taxation
with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section
shall describe, in the report under subsection (f)(1),
such baseline of services for the unit of Tribal
government in which the jurisdiction of the grantee is
located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent
public audit requirements, certification by Tribal or
Federal law enforcement or Tribal government officials
regarding the performance of baseline services referred
to in paragraph (2);
(B) entering into agreements with the Attorney
General to achieve compliance, and verification of
compliance, with the provisions of this section; and
(C) adopting enforcement authority that is
substantially similar to the authority provided to the
Secretary under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.)
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal years 2024
through 2030 to carry out this section.
SEC. 11020. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(E) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall use not less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the `Tribal HUD-VASH
program', in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1
year after the date of enactment of
this subparagraph, and every 5 years
thereafter, the Secretary, in
coordination with the Secretary of
Veterans Affairs and the Director of
the Indian Health Service, shall--
``(aa) conduct a review of
the implementation of the
Program, including any factors
that may have limited its
success; and
``(bb) submit a report
describing the results of the
review under item (aa) to--
``(AA) the
Committee on Indian
Affairs, the Committee
on Banking, Housing,
and Urban Affairs, the
Committee on Veterans'
Affairs, and the
Committee on
Appropriations of the
Senate; and
``(BB) the
Subcommittee on Indian,
Insular and Alaska
Native Affairs of the
Committee on Natural
Resources, the
Committee on Financial
Services, the Committee
on Veterans' Affairs,
and the Committee on
Appropriations of the
House of
Representatives.
``(II) Analysis of housing stock
limitation.--The Secretary shall
include in the initial report submitted
under subclause (I) a description of--
``(aa) any regulations
governing the use of formula
current assisted stock (as
defined in section 1000.314 of
title 24, Code of Federal
Regulations (or any successor
regulation)) within the
Program;
``(bb) the number of
recipients of grants under the
Program that have reported the
regulations described in item
(aa) as a barrier to
implementation of the Program;
and
``(cc) proposed alternative
legislation or regulations
developed by the Secretary in
consultation with recipients of
grants under the Program to
allow the use of formula
current assisted stock within
the Program.''.
SEC. 11021. CONTINUUM OF CARE.
(a) Definitions.--In this section--
(1) the terms ``collaborative applicant'' and ``eligible
entity'' have the meanings given those terms in section 401 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360);
and
(2) the terms ``Indian tribe'' and ``tribally designated
housing entity'' have the meanings given those terms in section
4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
(b) Nonapplication of Civil Rights Laws.--With respect to the funds
made available for the Continuum of Care program authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11381 et seq.) under the heading ``Homeless Assistance
Grants'' in the Department of Housing and Urban Development
Appropriations Act, 2021 (Public Law 116-260) and under section 231 of
the Department of Housing and Urban Development Appropriations Act,
2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et seq.) shall not apply to applications by or awards
for projects to be carried out--
(1) on or off reservation or trust lands for awards made to
Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to
eligible entities.
(c) Certification.--With respect to funds made available for the
Continuum of Care program authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
under the heading ``Homeless Assistance Grants'' under section 231 of
the Department of Housing and Urban Development Appropriations Act,
2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on
reservations or trust land shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance and
Self-Determination Act (25 U.S.C. 4112), notwithstanding
section 106 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land shall certify that they are following an approved
housing plan developed under section 102 of the Native American
Housing Assistance and Self-Determination Act (25 U.S.C. 4112);
and
(3) a collaborative applicant for a Continuum of Care whose
geographic area includes only reservation and trust land is not
required to meet the requirement in section 402(f)(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)).
SEC. 11022. LEVERAGING.
All funds provided under a grant made pursuant to this division or
the amendments made by this division may be used for purposes of
meeting matching or cost participation requirements under any other
Federal housing program, provided that such grants made pursuant to the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.) are spent in accordance with that Act.
DIVISION K--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT
OF 2023
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Fort Belknap Indian Community
Water Rights Settlement Act of 2023''.
SEC. 11002. PURPOSES.
The purposes of this division are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Fort Belknap Indian Community of the Fort
Belknap Reservation of Montana; and
(B) the United States, acting as trustee for the
Fort Belknap Indian Community and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Fort Belknap Indian Community and
the State, to the extent that the Compact is consistent with
this division;
(3) to authorize and direct the Secretary--
(A) to execute the Compact; and
(B) to take any other actions necessary to carry
out the Compact in accordance with this division;
(4) to authorize funds necessary for the implementation of
the Compact and this division; and
(5) to authorize the exchange and transfer of certain
Federal and State land.
SEC. 11003. DEFINITIONS.
In this division:
(1) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means
the Blackfeet Tribe of the Blackfeet Indian Reservation of
Montana.
(3) Cercla.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(5) Compact.--The term ``Compact'' means--
(A) the Fort Belknap-Montana water rights compact
dated April 16, 2001, as contained in section 85-20-
1001 of the Montana Code Annotated (2021); and
(B) any appendix (including appendix amendments),
part, or amendment to the Compact that is executed to
make the Compact consistent with this division.
(6) Enforceability date.--The term ``enforceability date''
means the date described in section 11011(f).
(7) Fort belknap indian community.--The term ``Fort Belknap
Indian Community'' means the Gros Ventre and Assiniboine Tribes
of the Fort Belknap Reservation of Montana, a federally
recognized Indian Tribal entity included on the list published
by the Secretary pursuant to section 104(a) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
(8) Fort belknap indian community council.--The term ``Fort
Belknap Indian Community Council'' means the governing body of
the Fort Belknap Indian Community.
(9) Fort belknap indian irrigation project.--
(A) In general.--The term ``Fort Belknap Indian
Irrigation Project'' means the Federal Indian
irrigation project constructed and operated by the
Bureau of Indian Affairs, consisting of the Milk River
unit, including--
(i) the Three Mile unit; and
(ii) the White Bear unit.
(B) Inclusions.--The term ``Fort Belknap Indian
Irrigation Project'' includes any addition to the Fort
Belknap Indian Irrigation Project constructed pursuant
to this division, including expansion of the Fort
Belknap Indian Irrigation Project, the Pumping Plant,
delivery Pipe and Canal, the Fort Belknap Reservoir and
Dam, and the Peoples Creek Flood Protection Project.
(10) Implementation fund.--The term ``Implementation Fund''
means the Fort Belknap Indian Community Water Settlement
Implementation Fund established by section 11013(a).
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(12) Lake elwell.--The term ``Lake Elwell'' means the water
impounded on the Marias River in the State by Tiber Dam, a
feature of the Lower Marias Unit of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act of
1944'') (58 Stat. 891, chapter 665).
(13) Malta irrigation district.--The term ``Malta
Irrigation District'' means the public corporation--
(A) created on December 28, 1923, pursuant to the
laws of the State relating to irrigation districts; and
(B) headquartered in Malta, Montana.
(14) Milk river.--The term ``Milk River'' means the
mainstem of the Milk River and each tributary of the Milk River
between the headwaters of the Milk River and the confluence of
the Milk River with the Missouri River, consisting of--
(A) Montana Water Court Basins 40F, 40G, 40H, 40I,
40J, 40K, 40L, 40M, 40N, and 40O; and
(B) the portion of the Milk River and each
tributary of the Milk River that flows through the
Canadian Provinces of Alberta and Saskatchewan.
(15) Milk river project.--
(A) In general.--The term ``Milk River Project''
means the Bureau of Reclamation project conditionally
approved by the Secretary on March 14, 1903, pursuant
to the Act of June 17, 1902 (32 Stat. 388, chapter
1093), commencing at Lake Sherburne Reservoir and
providing water to a point approximately 6 miles east
of Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project''
includes--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(16) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River,
including tributaries.
(17) Operations and maintenance.--The term ``operations and
maintenance'' means the Bureau of Indian Affairs operations and
maintenance activities related to costs described in section
171.500 of title 25, Code of Federal Regulations (or a
successor regulation).
(18) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' means--
(A) any recurring or ongoing activity associated
with the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to repairing, replacing,
or rehabilitating a feature of a project.
(19) Pick-sloan missouri river basin program.--The term
``Pick-Sloan Missouri River Basin Program'' means the Pick-
Sloan Missouri River Basin Program (authorized by section 9 of
the Act of December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'') (58 Stat. 891, chapter 665)).
(20) PMM.--The term ``PMM'' means the Principal Meridian,
Montana.
(21) Reservation.--
(A) In general.--The term ``Reservation'' means the
area of the Fort Belknap Reservation in the State, as
modified by this division.
(B) Inclusions.--The term ``Reservation''
includes--
(i) all land and interests in land
established by--
(I) the Agreement with the Gros
Ventre and Assiniboine Tribes of the
Fort Belknap Reservation, ratified by
the Act of May 1, 1888 (25 Stat. 113,
chapter 212), as modified by the
Agreement with the Indians of the Fort
Belknap Reservation of October 9, 1895
(ratified by the Act of June 10, 1896)
(29 Stat. 350, chapter 398);
(II) the Act of March 3, 1921 (41
Stat. 1355, chapter 135); and
(III) Public Law 94-114 (25 U.S.C.
5501 et seq.);
(ii) the land known as the ``Hancock
lands'' purchased by the Fort Belknap Indian
Community pursuant to the Fort Belknap Indian
Community Council Resolution No. 234-89
(October 2, 1989); and
(iii) all land transferred to the United
States to be held in trust for the benefit of
the Fort Belknap Indian Community under section
11006.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means
the St. Mary Storage Unit of the Milk River Project
authorized by Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit''
includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(24) State.--The term ``State'' means the State of Montana.
(25) Tribal water code.--The term ``Tribal water code''
means the Tribal water code enacted by the Fort Belknap Indian
Community pursuant to section 11005(g).
(26) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Fort Belknap Indian Community, as
described in Article III of the Compact and this division,
including the allocation of water to the Fort Belknap Indian
Community from Lake Elwell under section 11007.
(27) Trust fund.--The term ``Trust Fund'' means the Aaniiih
Nakoda Settlement Trust Fund established for the Fort Belknap
Indian Community under section 11012(a).
SEC. 11004. RATIFICATION OF COMPACT.
(a) Ratification of Compact.--
(1) In general.--As modified by this division, the Compact
is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is
authorized, ratified, and confirmed to the extent that the
amendment is executed to make the Compact consistent with this
division.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this division, the Secretary shall execute the
Compact, including all appendices to, or parts of, the Compact
requiring the signature of the Secretary.
(2) Modifications.--Nothing in this division precludes the
Secretary from approving any modification to an appendix to the
Compact that is consistent with this division, to the extent
that the modification does not otherwise require congressional
approval under section 2116 of the Revised Statutes (25 U.S.C.
177) or any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this
division, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Compact and
this division, the Fort Belknap Indian Community shall
prepare any necessary environmental documents, except
for any environmental documents required under section
11008, consistent with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4231 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation submitted under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Compact by
the Secretary under this section shall not constitute a major
Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities described in paragraph (2) shall be
paid from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
SEC. 11005. TRIBAL WATER RIGHTS.
(a) Confirmation of Tribal Water Rights.--
(1) In general.--The Tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal water rights shall be
subject to the terms and conditions of the Compact and this
division.
(3) Conflict.--In the event of a conflict between the
Compact and this division, this division shall control.
(b) Intent of Congress.--It is the intent of Congress to provide to
each allottee benefits that are equivalent to, or exceed, the benefits
the allottees possess on the day before the date of enactment of this
division, taking into consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and this
division;
(2) the availability of funding under this division and
from other sources;
(3) the availability of water from the Tribal water rights;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this
division to protect the interests of allottees.
(c) Trust Status of Tribal Water Rights.--The Tribal water rights--
(1) shall be held in trust by the United States for the use
and benefit of the Fort Belknap Indian Community and allottees
in accordance with this division; and
(2) shall not be subject to loss through non-use,
forfeiture, or abandonment.
(d) Allottees.--
(1) Applicability of the act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (24
Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use of
water for irrigation purposes, shall apply to the Tribal water
rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (24 Stat. 390, chapter 119; 25
U.S.C. 381), or any other applicable law, an allottee
shall exhaust remedies available under the Tribal water
code or other applicable Tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the Tribal water code or other
applicable Tribal law, an allottee may seek relief
under section 7 of the Act of February 8, 1887 (24
Stat. 390, chapter 119; 25 U.S.C. 381), or other
applicable law.
(5) Authority of the secretary.--The Secretary shall have
the authority to protect the rights of allottees in accordance
with this section.
(e) Authority of the Fort Belknap Indian Community.--
(1) In general.--The Fort Belknap Indian Community shall
have the authority to allocate, distribute, and lease the
Tribal water rights for use on the Reservation in accordance
with the Compact, this division, and applicable Federal law.
(2) Off-reservation use.--The Fort Belknap Indian Community
may allocate, distribute, and lease the Tribal water rights for
off-Reservation use in accordance with the Compact, this
division, and applicable Federal law--
(A) subject to the approval of the Secretary; or
(B) pursuant to Tribal water leasing regulations
consistent with the requirements of subsection (f).
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the
Tribal water code.
(f) Tribal Water Leasing Regulations.--
(1) In general.--At the discretion of the Fort Belknap
Indian Community, any water lease of the Fort Belknap Indian
Community of the Tribal water rights for use on or off the
Reservation shall not require the approval of the Secretary if
the lease--
(A) is executed under tribal regulations, approved
by the Secretary under this subsection;
(B) is in accordance with the Compact; and
(C) does not exceed a term of 100 years, except
that a lease may include an option to renew for 1
additional term of not to exceed 100 years.
(2) Authority of the secretary over tribal water leasing
regulations.--
(A) In general.--The Secretary shall have the
authority to approve or disapprove any Tribal water
leasing regulations issued in accordance with paragraph
(1).
(B) Considerations for approval.--The Secretary
shall approve any Tribal water leasing regulations
issued in accordance with paragraph (1) if the Tribal
water leasing regulations--
(i) provide for an environmental review
process that includes--
(I) the identification and
evaluation of any significant effects
of the proposed action on the
environment; and
(II) a process for ensuring that--
(aa) the public is informed
of, and has a reasonable
opportunity to comment on, any
significant environmental
impacts of the proposed action
identified by the Fort Belknap
Indian Community; and
(bb) the Fort Belknap
Indian Community provides
responses to relevant and
substantive public comments on
those impacts prior to its
approval of a water lease; and
(ii) are consistent with this division and
the Compact.
(3) Review process.--
(A) In general.--Not later than 120 days after the
date on which Tribal water leasing regulations under
paragraph (1) are submitted to the Secretary, the
Secretary shall review and approve or disapprove the
regulations.
(B) Written documentation.--If the Secretary
disapproves the Tribal water leasing regulations
described in subparagraph (A), the Secretary shall
include written documentation with the disapproval
notification that describes the basis for this
disapproval.
(C) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary,
after consultation with the Fort Belknap Indian
Community.
(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if the Fort Belknap Indian Community
carries out a project or activity funded by a Federal agency,
the Fort Belknap Indian Community--
(A) shall have the authority to rely on the
environmental review process of the applicable Federal
agency; and
(B) shall not be required to carry out a tribal
environmental review process under this subsection.
(5) Documentation.--If the Fort Belknap Indian Community
issues a lease pursuant to Tribal water leasing regulations
under paragraph (1), the Fort Belknap Indian Community shall
provide the Secretary and the State a copy of the lease,
including any amendments or renewals to the lease.
(6) Limitation of liability.--
(A) In general.--The United States shall not be
liable in any claim relating to the negotiation,
execution, or approval of any lease or exchange
agreement or storage agreement, including any claims
relating to the terms included in such an agreement,
made pursuant to Tribal water leasing regulations under
paragraph (1).
(B) Obligations.--The United States shall have no
trust obligation or other obligation to monitor,
administer, or account for--
(i) any funds received by the Fort Belknap
Indian Community as consideration under any
lease or exchange agreement or storage
agreement; or
(ii) the expenditure of those funds.
(g) Tribal Water Code.--
(1) In general.--Notwithstanding Article IV.A.2. of the
Compact, not later than 4 years after the date on which the
Fort Belknap Indian Community approves the Compact in
accordance with section 11011(f)(1), the Fort Belknap Indian
Community shall enact a Tribal water code that provides for--
(A) the administration, management, regulation, and
governance of all uses of the Tribal water rights in
accordance with the Compact and this division; and
(B) the establishment by the Fort Belknap Indian
Community of the conditions, permit requirements, and
other requirements for the allocation, distribution, or
use of the Tribal water rights in accordance with the
Compact and this division.
(2) Inclusions.--Subject to the approval of the Secretary,
the Tribal water code shall provide--
(A) that use of water by allottees shall be
satisfied with water from the Tribal water rights;
(B) a process by which an allottee may request that
the Fort Belknap Indian Community provide water for
irrigation use in accordance with this division,
including the provision of water under any allottee
lease under section 4 of the Act of June 25, 1910 (36
Stat. 856, chapter 431; 25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Fort Belknap Indian Community of
any request of an allottee (or a successor in interest
to an allottee) for an allocation of water for
irrigation purposes on allotted land, including a
process for--
(i) appeal and adjudication of any denied
or disputed distribution of water; and
(ii) resolution of any contested
administrative decision;
(D) a requirement that any allottee asserting a
claim relating to the enforcement of rights of the
allottee under the Tribal water code, including to the
quantity of water allocated to land of the allottee,
shall exhaust all remedies available to the allottee
under Tribal law before initiating an action against
the United States or petitioning the Secretary pursuant
to subsection (d)(4)(B);
(E) a process by which an owner of fee land within
the boundaries of the Reservation may apply for use of
a portion of the Tribal water rights; and
(F) a process for the establishment of a controlled
Groundwater area and for the management of that area in
cooperation with establishment of a contiguous
controlled Groundwater area off the Reservation
established pursuant to Section B.2. of Article IV of
the Compact and State law.
(3) Action by secretary.--
(A) In general.--During the period beginning on the
date of enactment of this Act and ending on the date on
which a Tribal water code described in paragraphs (1)
and (2) is enacted, the Secretary shall administer,
with respect to the rights of allottees, the Tribal
water rights in accordance with the Compact and this
division.
(B) Approval.--The Tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the Tribal water code
required by paragraph (2) are approved by the
Secretary; and
(ii) each amendment to the Tribal water
code that affects a right of an allottee is
approved by the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall
approve or disapprove the Tribal water code or
an amendment to the Tribal water code by not
later than 180 days after the date on which the
Tribal water code or amendment to the Tribal
water code is submitted to the Secretary.
(ii) Extensions.--The deadline described in
clause (i) may be extended by the Secretary,
after consultation with the Fort Belknap Indian
Community.
(h) Administration.--
(1) No alienation.--The Fort Belknap Indian Community shall
not permanently alienate any portion of the Tribal water
rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this division for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this division shall be considered to satisfy any
requirement for authorization of the action required by Federal
law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by any water user shall not
result in the forfeiture, abandonment, relinquishment, or other
loss of all or any portion of the Tribal water rights.
(i) Effect.--Except as otherwise expressly provided in this
section, nothing in this division--
(1) authorizes any action by an allottee against any
individual or entity, or against the Fort Belknap Indian
Community, under Federal, State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
(j) Pick-Sloan Missouri River Basin Program Power Rates.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary, in cooperation with the Secretary of
Energy, shall make available the Pick-Sloan Missouri River
Basin Program irrigation project pumping power rates to the
Fort Belknap Indian Community, the Fort Belknap Indian
Irrigation Project, and any projects funded under this
division.
(2) Authorized purposes.--The power rates made available
under paragraph (1) shall be authorized for the purposes of
wheeling, administration, and payment of irrigation project
pumping power rates, including project use power for gravity
power.
SEC. 11006. EXCHANGE AND TRANSFER OF LAND.
(a) Exchange of Eligible Land and State Land.--
(1) Definitions.--In this subsection:
(A) Eligible land.--The term ``eligible land''
means--
(i) public lands (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702)) that are administered
by the Secretary, acting through the Director
of the Bureau of Land Management; and
(ii) land in the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Resources Planning Act of 1974 (16
U.S.C. 1609(a)) that is administered by the
Secretary of Agriculture, acting through the
Chief of the Forest Service.
(B) Secretary concerned.--The term ``Secretary
concerned'' means, as applicable--
(i) the Secretary, with respect to the
eligible land administered by the Bureau of
Land Management; and
(ii) the Secretary of Agriculture, with
respect to eligible land managed by the Forest
Service.
(2) Negotiations authorized.--
(A) In general.--The Secretary concerned shall
offer to enter into negotiations with the State for the
purpose of exchanging eligible land described in
paragraph (4) for the State land described in paragraph
(3).
(B) Requirements.--Any exchange of land made
pursuant to this subsection shall be subject to the
terms and conditions of this subsection.
(C) Priority.--
(i) In general.--In carrying out this
paragraph, the Secretary and the Secretary of
Agriculture shall, during the 5-year period
beginning on the date of enactment of this Act,
give priority to an exchange of eligible land
located within the State for State land.
(ii) Secretary of agriculture.--The
responsibility of the Secretary of Agriculture
under clause (i), during the 5-year period
described in that clause, shall be limited to
negotiating with the State an acceptable
package of land in the National Forest System
(as defined in section 11(a) of the Forest and
Rangeland Resources Planning Act of 1974 (16
U.S.C. 1609(a))).
(3) State land.--The Secretary is authorized to accept the
following parcels of State land located on and off the
Reservation:
(A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
(B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
(C) 640 acres in T. 27 N., R. 21 E., sec. 36.
(D) 640 acres in T. 26 N., R. 23 E., sec. 16.
(E) 640 acres in T. 26 N., R. 23 E., sec. 36.
(F) 640 acres in T. 26 N., R. 26 E., sec. 16.
(G) 640 acres in T. 26 N., R. 22 E., sec. 36.
(H) 640 acres in T. 27 N., R. 23 E., sec. 16.
(I) 640 acres in T. 27 N., R. 25 E., sec. 36.
(J) 640 acres in T. 28 N., R. 22 E., sec. 36.
(K) 640 acres in T. 28 N., R. 23 E., sec. 16.
(L) 640 acres in T. 28 N., R. 24 E., sec. 36.
(M) 640 acres in T. 28 N., R. 25 E., sec. 16.
(N) 640 acres in T. 28 N., R. 25 E., sec. 36.
(O) 640 acres in T. 28 N., R. 26 E., sec. 16.
(P) 94.96 acres in T. 28 N., R. 26 E., sec. 36,
under lease by the Fort Belknap Indian Community
Council on the date of enactment of this Act, comprised
of--
(i) 30.68 acres in lot 5;
(ii) 26.06 acres in lot 6;
(iii) 21.42 acres in lot 7; and
(iv) 16.8 acres in lot 8.
(Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16,
excluding the 73.36 acres under lease by individuals
who are not members of the Fort Belknap Indian
Community, on the date of enactment of this Act.
(R) 640 acres in T. 29 N., R. 22 E., sec. 36.
(S) 640 acres in T. 29 N., R. 23 E., sec. 16.
(T) 640 acres in T. 29 N., R. 24 E., sec. 16.
(U) 640 acres in T. 29 N., R. 24 E., sec. 36.
(V) 640 acres in T. 29 N., R. 25 E., sec. 16.
(W) 640 acres in T. 29 N., R. 25 E., sec. 36.
(X) 640 acres in T. 29 N., R. 26 E., sec. 16.
(Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16,
excluding the 58.72 acres under lease by individuals
who are not members of the Fort Belknap Indian
Community on the date of enactment of this Act.
(Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
(AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
(BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
(CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
(DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
(EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
(FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36,
under lease by the Fort Belknap Indian Community
Council on the date of enactment of this Act.
(GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
(HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
(II) 640 acres in T. 31 N., R. 23 E., sec. 36.
(JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16,
lot 4.
(KK) 640 acres in T. 25 N., R. 22 E., sec. 16.
(4) Eligible land.--
(A) In general.--Subject to valid existing rights,
the reservation of easements or rights-of-way deemed
necessary to be retained by the Secretary concerned,
and the requirements of this subsection, the Secretary
is authorized and directed to convey to the State any
eligible land within the State identified in the
negotiations authorized by paragraph (2) and agreed to
by the Secretary concerned.
(B) Exceptions.--The Secretary concerned shall
exclude from any conveyance any parcel of eligible land
that is--
(i) included within the National Landscape
Conservation System established by section
2002(a) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7202(a)), without regard
to whether that land has been identified as
available for disposal in a land use plan;
(ii) designated as wilderness by Congress;
(iii) within a component of the National
Wild and Scenic Rivers System; or
(iv) designated in the Forest Land and
Resource Management Plan as a Research Natural
Area.
(C) Administrative responsibility.--The Secretary
shall be responsible for meeting all substantive and
any procedural requirements necessary to complete the
exchange and the conveyance of the eligible land.
(5) Land into trust.--On completion of the land exchange
authorized by this subsection, the Secretary shall, as soon as
practicable after the enforceability date, take the land
received by the United States pursuant to this subsection into
trust for the benefit of the Fort Belknap Indian Community.
(6) Terms and conditions.--
(A) Equal value.--The values of the eligible land
and State land exchanged under this subsection shall be
equal, except that the Secretary concerned may--
(i) exchange land that is of approximately
equal value if such an exchange complies with
the requirements of section 206(h) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(h)) (and any regulations
implementing that section) without regard to
the monetary limitation described in paragraph
(1)(A) of that section; and
(ii) make or accept an equalization
payment, or waive an equalization payment, if
such a payment or waiver of a payment complies
with the requirements of section 206(b) of that
Act (43 U.S.C. 1716(b)) (and any regulations
implementing that section).
(B) Impacts on local governments.--In identifying
eligible land to be exchanged with the State, the
Secretary concerned and the State may--
(i) consider the financial impacts of
exchanging specific eligible land on local
governments; and
(ii) attempt to minimize the financial
impact of the exchange on local governments.
(C) Existing authorizations.--
(i) Eligible land conveyed to the state.--
(I) In general.--Any eligible land
conveyed to the State under this
subsection shall be subject to any
valid existing rights, contracts,
leases, permits, and rights-of-way,
unless the holder of the right,
contract, lease, permit, or right-of-
way requests an earlier termination in
accordance with existing law.
(II) Assumption by state.--The
State shall assume all benefits and
obligations of the Forest Service or
the Bureau of Land Management, as
applicable, under the existing rights,
contracts, leases, permits, and rights-
of-way described in subclause (I).
(ii) State land conveyed to the united
states.--
(I) In general.--Any State land
conveyed to the United States under
this subsection and taken into trust
for the benefit of the Fort Belknap
Indian Community subject shall be to
any valid existing rights, contracts,
leases, permits, and rights-of-way,
unless the holder of the right,
contract, lease, permit, or right-of-
way requests an earlier termination in
accordance with existing law.
(II) Assumption by bureau of indian
affairs.--The Bureau of Indian Affairs
shall--
(aa) assume all benefits
and obligations of the State
under the existing rights,
contracts, leases, permits, and
rights-of-way described in
subclause (I); and
(bb) disburse to the Fort
Belknap Indian Community any
amounts that accrue to the
United States from those
rights, contracts, leases,
permits, and rights-of-way,
after the date of transfer from
any sale, bonus, royalty, or
rental relating to that land in
the same manner as amounts
received from other land held
by the Secretary in trust for
the benefit of the Fort Belknap
Indian Community.
(D) Personal property.--
(i) In general.--Any improvements
constituting personal property, as defined by
State law, belonging to the holder of a right,
contract, lease, permit, or right-of-way on
land transferred to the United States under
this subsection shall--
(I) remain the property of the
holder; and
(II) be removed not later than 90
days after the date on which the right,
contract, lease, permit, or right-of-
way expires, unless the Fort Belknap
Indian Community and the holder agree
otherwise.
(ii) Remaining property.--Any personal
property described in clause (i) remaining with
the holder described in that clause beyond the
90-day period described in subclause (II) of
that clause shall--
(I) become the property of the Fort
Belknap Indian Community; and
(II) be subject to removal and
disposition at the discretion of the
Fort Belknap Indian Community.
(iii) Liability of previous holder.--The
holder of personal property described in clause
(i) shall be liable for costs incurred by the
Fort Belknap Indian Community in removing and
disposing of the personal property under clause
(ii)(II).
(7) Technical corrections.--Notwithstanding the
descriptions of the parcels of land owned by the State under
paragraph (3), the State may, with the consent of the Fort
Belknap Indian Community, make technical corrections to the
legal land descriptions to more specifically identify the State
parcels to be exchanged.
(8) Assistance.--The Secretary shall provide $10,000,000 of
financial or other assistance to the State and the Fort Belknap
Indian Community as may be necessary to obtain the appraisals,
and to satisfy administrative requirements, necessary to
accomplish the exchanges under paragraph (2).
(b) Federal Land Transfers.--
(1) In general.--Subject to valid existing rights and the
requirements of this subsection, all right, title, and interest
of the United States in and to the land described in paragraph
(2) shall be held by the United States in trust for the benefit
of the Fort Belknap Indian Community as part of the Reservation
on the enforceability date.
(2) Federal land.--
(A) Bureau of land management parcels.--
(i) 59.46 acres in T. 25 N., R. 22 E., sec.
4, comprised of--
(I) 19.55 acres in lot 10;
(II) 19.82 acres in lot 11; and
(III) 20.09 acres in lot 16.
(ii) 324.24 acres in the N\1/2\ of T. 25
N., R. 22 E., sec. 5.
(iii) 403.56 acres in T. 25 N., R. 22 E.,
sec. 9, comprised of--
(I) 20.39 acres in lot 2;
(II) 20.72 acres in lot 7;
(III) 21.06 acres in lot 8;
(IV) 40.00 acres in lot 9;
(V) 40.00 acres in lot 10;
(VI) 40.00 acres in lot 11;
(VII) 40.00 acres in lot 12;
(VIII) 21.39 acres in lot 13; and
(IX) 160 acres in SW\1/4\.
(iv) 70.63 acres in T. 25 N., R. 22 E.,
sec. 13, comprised of--
(I) 18.06 acres in lot 5;
(II) 18.25 acres in lot 6;
(III) 18.44 acres in lot 7; and
(IV) 15.88 acres in lot 8.
(v) 71.12 acres in T. 25 N., R. 22 E., sec.
14, comprised of--
(I) 17.65 acres in lot 5;
(II) 17.73 acres in lot 6;
(III) 17.83 acres in lot 7; and
(IV) 17.91 acres in lot 8.
(vi) 103.29 acres in T. 25 N., R. 22 E.,
sec. 15, comprised of--
(I) 21.56 acres in lot 6;
(II) 29.50 acres in lot 7;
(III) 17.28 acres in lot 8;
(IV) 17.41 acres in lot 9; and
(V) 17.54 acres in lot 10.
(vii) 160 acres in T. 26 N., R. 21 E., sec.
1, comprised of--
(I) 80 acres in the S\1/2\ of the
NW\1/4\; and
(II) 80 acres in the W\1/2\ of the
SW\1/4\.
(viii) 567.50 acres in T. 26 N., R. 21 E.,
sec. 2, comprised of--
(I) 82.54 acres in the E\1/2\ of
the NW\1/4\;
(II) 164.96 acres in the NE\1/4\;
and
(III) 320 acres in the S\1/2\.
(ix) 240 acres in T. 26 N., R. 21 E., sec.
3, comprised of--
(I) 40 acres in the SE\1/4\ of the
NW\1/4\;
(II) 160 acres in the SW\1/4\; and
(III) 40 acres in the SW\1/4\ of
the SE\1/4\.
(x) 120 acres in T. 26 N., R. 21 E., sec.
4, comprised of--
(I) 80 acres in the E\1/2\ of the
SE\1/4\; and
(II) 40 acres in the NW\1/4\ of the
SE\1/4\.
(xi) 200 acres in T. 26 N., R. 21 E., sec.
5, comprised of--
(I) 160 acres in the SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the
NW\1/4\.
(xii) 40 acres in the SE\1/4\ of the SE\1/
4\ of T. 26 N., R. 21 E., sec. 6.
(xiii) 240 acres in T. 26 N., R. 21 E.,
sec. 8, comprised of--
(I) 40 acres in the NE\1/4\ of the
SW\1/4\;
(II) 160 acres in the NW\1/4\; and
(III) 40 acres in the NW\1/4\ of
the SE\1/4\.
(xiv) 320 acres in the E\1/2\ of T. 26 N.,
R. 21 E., sec. 9.
(xv) 640 acres in T. 26 N., R. 21 E., sec.
10.
(xvi) 600 acres in T. 26 N., R. 21 E., sec.
11, comprised of--
(I) 320 acres in the N\1/2\;
(II) 80 acres in the N\1/2\ of the
SE\1/4\;
(III) 160 acres in the SW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the
SE\1/4\.
(xvii) 525.81 acres in T. 26 N., R. 22 E.,
sec. 21, comprised of--
(I) 6.62 acres in lot 1;
(II) 5.70 acres in lot 2;
(III) 56.61 acres in lot 5;
(IV) 56.88 acres in lot 6;
(V) 320 acres in the W\1/2\; and
(VI) 80 acres in the W\1/2\ of the
SE\1/4\.
(xviii) 719.58 acres in T. 26 N., R. 22 E.,
sec. 28.
(xix) 560 acres in T. 26 N., R. 22 E., sec.
29, comprised of--
(I) 320 acres in the N\1/2\;
(II) 160 acres in the N\1/2\ of the
S\1/2\; and
(III) 80 acres in the S\1/2\ of the
SE\1/4\.
(xx) 400 acres in T. 26 N., R. 22 E., sec.
32, comprised of--
(I) 320 acres in the S\1/2\; and
(II) 80 acres in the S\1/2\ of the
NW\1/4\.
(xxi) 455.51 acres in T. 26 N., R. 22 E.,
sec. 33, comprised of--
(I) 58.25 acres in lot 3;
(II) 58.5 acres in lot 4;
(III) 58.76 acres in lot 5;
(IV) 40 acres in the NW\1/4\ of the
NE\1/4\;
(V) 160 acres in the SW\1/4\; and
(VI) 80 acres in the W\1/2\ of the
SE\1/4\.
(xxii) 88.71 acres in T. 27 N., R. 21 E.,
sec. 1, comprised of--
(I) 24.36 acres in lot 1;
(II) 24.35 acres in lot 2; and
(III) 40 acres in the SW\1/4\ of
the SW\1/4\.
(xxiii) 80 acres in T. 27 N., R. 21 E.,
sec. 3, comprised of--
(I) 40 acres in lot 11; and
(II) 40 acres in lot 12.
(xxiv) 80 acres in T. 27 N., R. 21 E., sec.
11, comprised of--
(I) 40 acres in the NW\1/4\ of the
SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the
NW\1/4\.
(xxv) 200 acres in T. 27 N., R. 21 E., sec.
12, comprised of--
(I) 80 acres in the E\1/2\ of the
SW\1/4\;
(II) 40 acres in the NW\1/4\ of the
NW\1/4\; and
(III) 80 acres in the S\1/2\ of the
NW\1/4\.
(xxvi) 40 acres in the SE\1/4\ of the NE\1/
4\ of T. 27 N., R. 21 E., sec. 23.
(xxvii) 320 acres in T. 27 N., R. 21 E.,
sec. 24, comprised of--
(I) 80 acres in the E\1/2\ of the
NW\1/4\;
(II) 160 acres in the NE\1/4\;
(III) 40 acres in the NE\1/4\ of
the SE\1/4\; and
(IV) 40 acres in the SW\1/4\ of the
SW\1/4\.
(xxviii) 120 acres in T. 27 N., R. 21 E.,
sec. 25, comprised of--
(I) 80 acres in the S\1/2\ of the
NE\1/4\; and
(II) 40 acres in the SE\1/4\ of the
NW\1/4\.
(xxix) 40 acres in the NE\1/4\ of the SE\1/
4\ of T. 27 N., R. 21 E., sec. 26.
(xxx) 160 acres in the NW\1/4\ of T. 27 N.,
R. 21 E., sec. 27.
(xxxi) 40 acres in the SW\1/4\ of the SW\1/
4\ of T. 27 N., R. 21 E., sec. 29.
(xxxii) 40 acres in the SW\1/4\ of the
NE\1/4\ of T. 27 N., R. 21 E., sec 30.
(xxxiii) 120 acres in T. 27 N., R. 21 E.,
sec. 33, comprised of--
(I) 40 acres in the SE\1/4\ of the
NE\1/4\; and
(II) 80 acres in the N\1/2\ of the
SE\1/4\.
(xxxiv) 440 acres in T. 27 N., R. 21 E.,
sec. 34, comprised of--
(I) 160 acres in the N\1/2\ of the
S\1/2\;
(II) 160 acres in the NE\1/4\;
(III) 80 acres in the S\1/2\ of the
NW\1/4\; and
(IV) 40 acres in the SE\1/4\ of the
SE\1/4\.
(xxxv) 133.44 acres in T. 27 N., R. 22 E.,
sec. 4, comprised of--
(I) 28.09 acres in lot 5;
(II) 25.35 acres in lot 6;
(III) 40 acres in lot 10; and
(IV) 40 acres in lot 15.
(xxxvi) 160 acres in T. 27 N., R. 22 E.,
sec. 7, comprised of--
(I) 40 acres in the NE\1/4\ of the
NE\1/4\;
(II) 40 acres in the NW\1/4\ of the
SW\1/4\; and
(III) 80 acres in the W\1/2\ of the
NW\1/4\.
(xxxvii) 120 acres in T. 27 N., R. 22 E.,
sec. 8, comprised of--
(I) 80 acres in the E\1/2\ of the
NW\1/4\; and
(II) 40 acres in the NE\1/4\ of the
SW\1/4\.
(xxxviii) 40 acres in the SW\1/4\ of the
NW\1/4\ of T. 27 N., R. 22 E., sec. 9.
(xxxix) 40 acres in the NE\1/4\ of the
SW\1/4\ of T. 27 N., R. 22 E., sec. 17.
(xl) 40 acres in the NW\1/4\ of the NW\1/4\
of T. 27 N., R. 22 E., sec. 19.
(xli) 40 acres in the SE\1/4\ of the NW\1/
4\ of T. 27 N., R22 E., sec. 20.
(xlii) 80 acres in the W\1/2\ of the SE\1/
4\ of T. 27 N., R. 22 E., sec. 31.
(xliii) 52.36 acres in the SE\1/4\ of the
SE\1/4\ of T. 27 N., R. 22 E., sec. 33.
(xliv) 40 acres in the NE\1/4\ of the SW\1/
4\ of T. 28 N., R. 22 E., sec. 29.
(xlv) 40 acres in the NE\1/4\ of the NE\1/
4\ of T. 26 N., R. 21 E., sec. 7.
(xlvi) 40 acres in the SW\1/4\ of the NW\1/
4\ of T. 26 N., R. 21 E., sec. 12.
(xlvii) 42.38 acres in the NW\1/4\ of the
NE\1/4\ of T. 26 N., R. 22 E., sec. 6.
(xlviii) 320 acres in the E\1/2\ of T. 26
N., R. 22 E., sec. 17.
(xlix) 80 acres in the E\1/2\ of the NE\1/
4\ of T. 26 N., R. 22 E., sec. 20.
(l) 240 acres in T. 26 N., R. 22 E., sec.
30, comprised of--
(I) 80 acres in the E\1/2\ of the
NE\1/4\;
(II) 80 acres in the N\1/2\ of the
SE\1/4\;
(III) 40 acres in the SE\1/4\ of
the NW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the
NE\1/4\.
(B) Bureau of indian affairs.--The parcels of
approximately 3,519.3 acres of trust land that have
been converted to fee land, judicially foreclosed on,
acquired by the Department of Agriculture, and
transferred to the Bureau of Indian Affairs, described
in clauses (i) through (iii).
(i) Parcel 1.--The land described in this
clause is 640 acres in T. 29 N., R. 26 E.,
comprised of--
(I) 160 acres in the SW\1/4\ of
sec. 27;
(II) 160 acres in the NE\1/4\ of
sec. 33; and
(III) 320 acres in the W\1/2\ of
sec. 34.
(ii) Parcel 2.--The land described in this
clause is 320 acres in the N\1/2\ of T. 30 N.,
R. 23 E., sec. 28.
(iii) Parcel 3.--The land described in this
clause is 2,559.3 acres, comprised of--
(I) T. 28 N., R. 24 E., including--
(aa) of sec. 16--
(AA) 5 acres in the
E\1/2\, W\1/2\, E\1/2\,
W\1/2\, W\1/2\, NE\1/
4\;
(BB) 10 acres in
the E\1/2\, E\1/2\,
W\1/2\, W\1/2\, NE\1/
4\;
(CC) 40 acres in
the E\1/2\, W\1/2\,
NE\1/4\;
(DD) 40 acres in
the W\1/2\, E\1/2\,
NE\1/4\;
(EE) 20 acres in
the W\1/2\, E\1/2\,
E\1/2\, NE\1/4\;
(FF) 5 acres in the
W\1/2\, W\1/2\, E\1/2\,
E\1/2\, E\1/2\, NE\1/
4\; and
(GG) 160 acres in
the SE\1/4\;
(bb) 640 acres in sec. 21;
(cc) 320 acres in the S\1/
2\ of sec. 22; and
(dd) 320 acres in the W\1/
2\ of sec. 27;
(II) T. 29 N., R. 25 E., PMM,
including--
(aa) 320 acres in the S\1/
2\ of sec. 1; and
(bb) 320 acres in the N\1/
2\ of sec. 12;
(III) 39.9 acres in T. 29 N., R. 26
E., PMM, sec. 6, lot 2;
(IV) T. 30 N., R. 26 E., PMM,
including--
(aa) 39.4 acres in sec. 3,
lot 2;
(bb) 40 acres in the SW\1/
4\ of the SW\1/4\ of sec. 4;
(cc) 80 acres in the E\1/2\
of the SE\1/4\ of sec. 5;
(dd) 80 acres in the S\1/2\
of the SE\1/4\ of sec. 7; and
(ee) 40 acres in the N\1/
2\, N\1/2\, NE\1/4\ of sec. 18;
and
(V) 40 acres in T. 31 N., R. 26 E.,
PMM, the NW\1/4\ of the SE\1/4\ of sec.
31.
(3) Terms and conditions.--
(A) Existing authorizations.--
(i) In general.--Federal land transferred
under this subsection shall be conveyed and
taken into trust subject to valid existing
rights, contracts, leases, permits, and rights-
of-way, unless the holder of the right,
contract, lease, permit, and rights-of-way
requests an earlier termination in accordance
with existing law.
(ii) Assumption by bureau of indian
affairs.--The Bureau of Indian Affairs shall--
(I) assume all benefits and
obligations of the previous land
management agency under the existing
rights, contracts, leases, permits, and
rights-of-way described in clause (i);
and
(II) disburse to the Fort Belknap
Indian Community any amounts that
accrue to the United States from those
rights, contracts, leases, permits, and
rights-of-ways after the date of
transfer from any sale, bonus, royalty,
or rental relating to that land in the
same manner as amounts received from
other land held by the Secretary in
trust for the Fort Belknap Indian
Community.
(B) Personal property.--
(i) In general.--Any improvements
constituting personal property, as defined by
State law, belonging to the holder of a right,
contract, lease, permit, or right-of-way on
land transferred under this subsection shall--
(I) remain the property of the
holder; and
(II) be removed from the land not
later than 90 days after the date on
which the right, contract, lease,
permit, or right-of-way expires, unless
the Fort Belknap Indian Community and
the holder agree otherwise.
(ii) Remaining property.--Any personal
property described in clause (i) remaining with
the holder described in that clause beyond the
90-day period described in subclause (II) of
that clause shall--
(I) become the property of the Fort
Belknap Indian Community; and
(II) be subject to removal and
disposition at the discretion of the
Fort Belknap Indian Community.
(iii) Liability of previous holder.--The
holder of personal property described in clause
(i) shall be liable to the Fort Belknap Indian
Community for costs incurred by the Fort
Belknap Indian Community in removing and
disposing of the property under clause
(ii)(II).
(C) Existing roads.--If any road within the Federal
land transferred under this subsection is necessary for
customary access to private land, the Bureau of Indian
Affairs shall offer the owner of the private land to
apply for a right-of-way along the existing road, at
the expense of the landowner.
(D) Limitation on the transfer of water rights.--
Water rights that transfer with the land described in
paragraph (2) shall not become part of the Tribal water
rights, unless those rights are recognized and ratified
in the Compact.
(4) Withdrawal of federal land.--
(A) In general.--Subject to valid existing rights,
effective on the date of enactment of this Act, all
Federal land within the parcels described in paragraph
(2) is withdrawn from all forms of--
(i) entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws pertaining
to mineral and geothermal leasing or mineral
materials.
(B) Expiration.--The withdrawals pursuant to
subparagraph (A) shall terminate on the date that the
Secretary takes the land into trust for the benefit of
the Fort Belknap Indian Community pursuant to paragraph
(1).
(C) No new reservation of federal water rights.--
Nothing in this paragraph establishes a new reservation
in favor of the United States or the Fort Belknap
Indian Community with respect to any water or water
right on the land withdrawn by this paragraph.
(5) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in paragraph (2),
the United States may, with the consent of the Fort Belknap
Indian Community, make technical corrections to the legal land
descriptions to more specifically identify the parcels.
(6) Survey.--
(A) In general.--Unless the United States or the
Fort Belknap Indian Community request an additional
survey for the transferred land or a technical
correction is made under paragraph (5), the description
of land under this subsection shall be controlling.
(B) Additional survey.--If the United States or the
Fort Belknap Indian Community requests an additional
survey, that survey shall control the total acreage to
be transferred into trust under this subsection.
(C) Assistance.--The Secretary shall provide such
financial or other assistance as may be necessary--
(i) to conduct additional surveys under
this subsection; and
(ii) to satisfy administrative requirements
necessary to accomplish the land transfers
under this subsection.
(7) Date of transfer.--The Secretary shall complete all
land transfers under this subsection and shall take the land
into trust for the benefit of the Fort Belknap Indian Community
as expeditiously as practicable after the enforceability date,
but not later than 10 years after the enforceability date.
(c) Tribally Owned Fee Land.--Not later than 10 years after the
enforceability date, the Secretary shall take into trust for the
benefit of the Fort Belknap Indian Community all fee land owned by the
Fort Belknap Indian Community on or adjacent to the Reservation to
become part of the Reservation, provided that--
(1) the land is free from any liens, encumbrances, or other
infirmities; and
(2) no evidence exists of any hazardous substances on, or
other environmental liability with respect to, the land.
(d) Dodson Land.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the enforceability date, but not later than
10 years after the enforceability date, the Dodson Land
described in paragraph (3) shall be taken into trust by the
United States for the benefit of the Fort Belknap Indian
Community as part of the Reservation.
(2) Restrictions.--The land taken into trust under
paragraph (1) shall be subject to a perpetual easement,
reserved by the United States for use by the Bureau of
Reclamation, its contractors, and its assigns for--
(A) the right of ingress and egress for Milk River
Project purposes;
(B) the right to--
(i) seep, flood, and overflow the
transferred land for Milk River Project
purposes;
(ii) conduct routine and non-routine
operation, maintenance, and replacement
activities on the Milk River Project
facilities, including modification to the
headworks at the upstream end of the Dodson
South Canal in support of Dodson South Canal
enlargement, to include all associated access,
construction, and material storage necessary to
complete those activities; and
(iii) prohibit the construction of
permanent structures on the transferred land,
except--
(I) as provided in the cooperative
agreement under paragraph (4); and
(II) to meet the requirements of
the Milk River Project.
(3) Description of dodson land.--
(A) In general.--The Dodson Land referred to in
paragraphs (1) and (2) is the approximately 2,500 acres
of land owned by the United States that is, as of the
date of enactment of this Act, under the jurisdiction
of the Bureau of Reclamation and located at the
northeastern corner of the Reservation (which extends
to the point in the middle of the main channel of the
Milk River), where the Milk River Project facilities,
including the Dodson Diversion Dam, headworks to the
Dodson South Canal, and Dodson South Canal, are
located, and more particularly described as follows:
(i) Supplemental Plat of T. 30 N., R. 26
E., PMM, secs. 1 and 2.
(ii) Supplemental Plat of T. 31 N., R. 25
E., PMM, sec. 13.
(iii) Supplemental Plat of T. 31 N., R. 26
E., PMM, secs. 18, 19, 20, and 29.
(iv) Supplemental Plat of T. 31 N., R. 26
E., PMM, secs. 26, 27, 35, and 36.
(B) Clarification.--The supplemental plats
described in clauses (i) through (iv) of subparagraph
(A) are official plats, as documented by retracement
boundary surveys of the General Land Office, approved
on March 11, 1938, and on record at the Bureau of Land
Management.
(C) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in
subparagraph (A), the United States may, with the
consent of the Fort Belknap Indian Community, make
technical corrections to the legal land descriptions to
more specifically identify the parcels to be
transferred.
(4) Cooperative agreement.--Not later than 3 years after
the enforceability date, the Bureau of Reclamation, the Malta
Irrigation District, the Bureau of Indian Affairs, and the Fort
Belknap Indian Community shall negotiate and enter into a
cooperative agreement that identifies the uses to which the
Fort Belknap Indian Community may put the land described in
paragraph (3), provided that the cooperative agreement may be
amended by mutual agreement of the Fort Belknap Indian
Community, Bureau of Reclamation, the Malta Irrigation
District, and the Bureau of Indian Affairs, including to modify
the perpetual easement to narrow the boundaries of the easement
or to terminate the perpetual easement and cooperative
agreement.
(e) Land Status.--All land held in trust by the United States for
the benefit of the Fort Belknap Indian Community under this section
shall be--
(1) beneficially owned by the Fort Belknap Indian
Community; and
(2) part of the Reservation and administered in accordance
with the laws and regulations generally applicable to land held
in trust by the United States for the benefit of an Indian
Tribe.
SEC. 11007. STORAGE ALLOCATION FROM LAKE ELWELL.
(a) Storage Allocation of Water to Fort Belknap Indian Community.--
The Secretary shall allocate to the Fort Belknap Indian Community
20,000 acre-feet per year of water stored in Lake Elwell for use by the
Fort Belknap Indian Community for any beneficial purpose on or off the
Reservation, under a water right held by the United States and managed
by the Bureau of Reclamation for the benefit of the Fort Belknap Indian
Community, as measured and diverted at the outlet works of the Tiber
Dam or through direct pumping from Lake Elwell.
(b) Treatment.--
(1) In general.--The allocation to the Fort Belknap Indian
Community under subsection (a) shall be considered to be part
of the Tribal water rights.
(2) Priority date.--The priority date of the allocation to
the Fort Belknap Indian Community under subsection (a) shall be
the priority date of the Lake Elwell water right held by the
Bureau of Reclamation.
(3) Administration.--The Fort Belknap Indian Community
shall administer the water allocated under subsection (a) in
accordance with the Compact and this division.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving the allocation
under this section, the Fort Belknap Indian Community shall
enter into an agreement with the Secretary to establish the
terms and conditions of the allocation, in accordance with the
Compact and this division.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without limit as to
term;
(B) the Fort Belknap Indian Community, and not the
United States, shall be entitled to all consideration
due to the Fort Belknap Indian Community under any
lease, contract, exchange, or agreement entered into by
the Fort Belknap Indian Community pursuant to
subsection (d);
(C) the United States shall have no obligation to
monitor, administer, or account for--
(i) any funds received by the Fort Belknap
Indian Community as consideration under any
lease, contract, exchange, or agreement entered
into by the Fort Belknap Indian Community
pursuant to subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of Lake Elwell
facilities are significantly reduced, or are
anticipated to be significantly reduced, for an
extended period of time, the Fort Belknap Indian
Community shall have the same storage rights as other
storage contractors with respect to the allocation
under this section;
(E) the costs associated with the construction of
the storage facilities at Tiber Dam allocable to the
Fort Belknap Indian Community shall be nonreimbursable;
(F) no water service capital charge shall be due or
payable for any water allocated to the Fort Belknap
Indian Community under this section or the allocation
agreement, regardless of whether that water is
delivered for use by the Fort Belknap Indian Community
or under a lease, contract, exchange, or by agreement
entered into by the Fort Belknap Indian Community
pursuant to subsection (d);
(G) the Fort Belknap Indian Community shall not be
required to make payments to the United States for any
water allocated to the Fort Belknap Indian Community
under this section or the allocation agreement, except
for each acre-foot of stored water leased or
transferred for industrial purposes as described in
subparagraph (H); and
(H) for each acre-foot of stored water leased or
transferred by the Fort Belknap Indian Community for
industrial purposes--
(i) the Fort Belknap Indian Community shall
pay annually to the United States an amount
necessary to cover the proportional share of
the annual operations, maintenance, and
replacement costs allocable to the quantity of
water leased or transferred by the Fort Belknap
Indian Community for industrial purposes; and
(ii) the annual payments of the Fort
Belknap Indian Community shall be reviewed and
adjusted, as appropriate, to reflect the actual
operations, maintenance, and replacement costs
for Tiber Dam.
(d) Agreement by Fort Belknap Indian Community.--The Fort Belknap
Indian Community may use, lease, contract, exchange, or enter into
other agreements for the use of the water allocated to the Fort Belknap
Indian Community under subsection (a) if--
(1) the use of water that is the subject of such an
agreement occurs within the Missouri River Basin; and
(2) the agreement does not permanently alienate any water
allocated to the Fort Belknap Indian Community under that
subsection.
(e) Effective Date.--The allocation under subsection (a) takes
effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection (a)
shall not be increased by any year-to-year carryover storage.
(g) Development and Delivery Costs.--The United States shall not be
required to pay the cost of developing or delivering any water
allocated under this section.
SEC. 11008. MILK RIVER PROJECT MITIGATION.
(a) In General.--In complete satisfaction of the Milk River Project
mitigation requirements provided for in Article VI.B. of the Compact,
the Secretary, acting through the Commissioner--
(1) in cooperation with the State and the Blackfeet Tribe,
shall carry out appropriate activities concerning the
restoration of the St. Mary Canal and associated facilities,
including activities relating to the--
(A) planning and design to restore the St. Mary
Canal and appurtenances to convey 850 cubic-feet per
second; and
(B) rehabilitating, constructing, and repairing of
the St. Mary Canal and appurtenances; and
(2) in cooperation with the State and the Fort Belknap
Indian Community, shall carry out appropriate activities
concerning the enlargement of Dodson South Canal and associated
facilities, including activities relating to the--
(A) planning and design to enlarge Dodson South
Canal and headworks at the upstream end of Dodson South
Canal to divert and convey 700 cubic-feet per second;
and
(B) rehabilitating, constructing, and enlarging the
Dodson South Canal and headworks at the upstream end of
Dodson South Canal to divert and convey 700 cubic-feet
per second.
(b) Funding.--The total amount of obligations incurred by the
Secretary, prior to any adjustments provided for in section 11014(b),
shall not exceed $300,000,000 to carry out activities described in
subsection (c)(1).
(c) Satisfaction of Mitigation Requirement.--Notwithstanding any
provision of the Compact, the mitigation required by Article VI.B. of
the Compact shall be deemed satisfied if--
(1) the Secretary has--
(A) restored the St. Mary Canal and associated
facilities to convey 850 cubic-feet per second; and
(B) enlarged the Dodson South Canal and headworks
at the upstream end of Dodson South Canal to divert and
convey 700 cubic-feet per second; or
(2) the Secretary--
(A) has expended all of the available funding
provided pursuant to section 11014(a)(1)(D) to
rehabilitate the St. Mary Canal and enlarge the Dodson
South Canal; and
(B) despite diligent efforts, could not complete
the activities described in subsection (a).
(d) Nonreimbursability of Costs.--The costs to the Secretary of
carrying out this section shall be nonreimbursable.
SEC. 11009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall rehabilitate, modernize, and expand the Fort Belknap
Indian Irrigation Project, as generally described in the document of
Natural Resources Consulting Engineers, Inc., entitled ``Fort Belknap
Indian Community Comprehensive Water Development Plan'' and dated
February 2019, which shall include--
(1) planning, studies, and designing of the existing and
expanded Milk River unit, including the irrigation system,
Pumping Plant, delivery pipe and canal, Fort Belknap Dam and
Reservoir, and Peoples Creek Flood Protection Project;
(2) the rehabilitation, modernization, and construction of
the existing Milk River unit; and
(3) construction of the expanded Milk River unit, including
the irrigation system, Pumping Plant, delivery pipe and canal,
Fort Belknap Dam and Reservoir, and Peoples Creek Flood
Protection Project.
(b) Lead Agency.--The Bureau of Indian Affairs, in coordination
with the Bureau of Reclamation, shall serve as the lead agency with
respect to any activities carried out under this section.
(c) Consultation With the Fort Belknap Indian Community.--The
Secretary shall consult with the Fort Belknap Indian Community on
appropriate changes to the final design and costs of any activity under
this section.
(d) Funding.--The total amount of obligations incurred by the
Secretary in carrying out this section, prior to any adjustment
provided for in section 11014(b), shall not exceed $415,832,153.
(e) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be nonreimbursable.
(f) Administration.--The Secretary and the Fort Belknap Indian
Community shall negotiate the cost of any oversight activity carried
out by the Bureau of Indian Affairs or the Bureau of Reclamation under
any agreement entered into under subsection (j), subject to the
condition that the total cost for the oversight shall not exceed 3
percent of the total project costs for each project.
(g) Project Management Committee.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall facilitate the
formation of a project management committee composed of representatives
of the Bureau of Indian Affairs, the Bureau of Reclamation, and the
Fort Belknap Indian Community--
(1) to review and make recommendations relating to cost
factors, budgets, and implementing the activities for
rehabilitating, modernizing, and expanding the Fort Belknap
Indian Irrigation Project; and
(2) to improve management of inherently governmental
activities through enhanced communication.
(h) Project Efficiencies.--If the total cost of planning, studies,
design, rehabilitation, modernization, and construction activities
relating to the projects described in subsection (a) results in cost
savings and is less than the amounts authorized to be obligated, the
Secretary, at the request of the Fort Belknap Indian Community, shall
deposit those savings in the Fort Belknap Indian Community Water
Resources and Water Rights Administration, Operation, and Maintenance
Account established under section 11012(b)(2).
(i) Treatment.--Any activities carried out pursuant to this section
that result in improvements, additions, or modifications to the Fort
Belknap Indian Irrigation Project shall--
(1) become a part of the Fort Belknap Indian Irrigation
Project; and
(2) be recorded in the inventory of the Secretary relating
to the Fort Belknap Indian Irrigation Project.
(j) Applicability of ISDEAA.--At the request of the Fort Belknap
Indian Community, and in accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary
shall enter into agreements with the Fort Belknap Indian Community to
carry out all or a portion of this section.
(k) Effect.--Nothing in this section--
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the
operations and maintenance of the Fort Belknap Indian
Irrigation Project; or
(2) impacts the availability of amounts under section
11014.
(l) Satisfaction of Fort Belknap Indian Irrigation Project System
Requirement.--The obligations of the Secretary under subsection (a)
shall be deemed satisfied if the Secretary--
(1) has rehabilitated, modernized, and expanded the Fort
Belknap Indian Irrigation Project in accordance with subsection
(a); or
(2)(A) has expended all of the available funding provided
pursuant to paragraphs (1)(C) and (2)(A)(iv) of section
11014(a); and
(B) despite diligent efforts, could not complete the
activities described in subsection (a).
SEC. 11010. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided under this division shall be
in complete replacement of, complete substitution for, and full
satisfaction of any claim of the Fort Belknap Indian Community against
the United States that is waived and released by the Fort Belknap
Indian Community under section 11011(a).
(b) Allottees.--The benefits realized by the allottees under this
division shall be in complete replacement of, complete substitution
for, and full satisfaction of--
(1) all claims waived and released by the United States
(acting as trustee for the allottees) under section
11011(a)(2); and
(2) any claims of the allottees against the United States
similar to the claims described in section 11011(a)(2) that the
allottee asserted or could have asserted.
SEC. 11011. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by the fort belknap indian
community and united states as trustee for the fort belknap
indian community.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration for
recognition of the Tribal water rights and other benefits
described in the Compact and this division, the Fort Belknap
Indian Community, acting on behalf of the Fort Belknap Indian
Community and members of the Fort Belknap Indian Community (but
not any member of the Fort Belknap Indian Community as an
allottee), and the United States, acting as trustee for the
Fort Belknap Indian Community and the members of the Fort
Belknap Indian Community (but not any member of the Fort
Belknap Indian Community as an allottee), shall execute a
waiver and release of all claims for water rights within the
State that the Fort Belknap Indian Community, or the United
States acting as trustee for the Fort Belknap Indian Community,
asserted or could have asserted in any proceeding, including a
State stream adjudication, on or before the enforceability
date, except to the extent that such rights are recognized in
the Compact and this division.
(2) Waiver and release of claims by the united states as
trustee for allottees.--Subject to the reservation of rights
and the retention of claims under subsection (d), as
consideration for recognition of the Tribal water rights and
other benefits described in the Compact and this division, the
United States, acting as trustee for the allottees, shall
execute a waiver and release of all claims for water rights
within the Reservation that the United States, acting as
trustee for the allottees, asserted or could have asserted in
any proceeding, including a State stream adjudication, on or
before the enforceability date, except to the extent that such
rights are recognized in the Compact and this division.
(3) Waiver and release of claims by the fort belknap indian
community against the united states.--Subject to the
reservation of rights and retention of claims under subsection
(d), the Fort Belknap Indian Community, acting on behalf of the
Fort Belknap Indian Community and members of the Fort Belknap
Indian Community (but not any member of the Fort Belknap Indian
Community as an allottee), shall execute a waiver and release
of all claims against the United States (including any agency
or employee of the United States)--
(A) first arising before the enforceability date
relating to--
(i) water rights within the State that the
United States, acting as trustee for the Fort
Belknap Indian Community, asserted or could
have asserted in any proceeding, including a
general stream adjudication in the State,
except to the extent that such rights are
recognized as Tribal water rights under this
division;
(ii) foregone benefits from nontribal use
of water, on and off the Reservation (including
water from all sources and for all uses);
(iii) damage, loss, or injury to water,
water rights, land, or natural resources due to
loss of water or water rights, including
damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating
to interference with, diversion of, or taking
of water, or claims relating to a failure to
protect, acquire, replace, or develop water,
water rights, or water infrastructure) within
the State;
(iv) a failure to establish or provide a
municipal rural or industrial water delivery
system on the Reservation;
(v) damage, loss, or injury to water, water
rights, land, or natural resources due to
construction, operation, and management of the
Fort Belknap Indian Irrigation Project and
other Federal land and facilities (including
damages, losses, or injuries to Tribal
fisheries, fish habitat, wildlife, and wildlife
habitat);
(vi) a failure to provide for operation and
maintenance, or deferred maintenance, for the
Fort Belknap Indian Irrigation Project or any
other irrigation system or irrigation project;
(vii) the litigation of claims relating to
any water rights of the Fort Belknap Indian
Community in the State;
(viii) the negotiation, execution, or
adoption of the Compact (including appendices)
and this division;
(ix) the taking or acquisition of land or
resources of the Fort Belknap Indian Community
for the construction or operation of the Fort
Belknap Indian Irrigation Project or the Milk
River Project; and
(x) the allocation of water of the Milk
River and the St. Mary River (including
tributaries) between the United States and
Canada pursuant to the International Boundary
Waters Treaty of 1909 (36 Stat. 2448); and
(B) relating to damage, loss, or injury to water,
water rights, land, or natural resources due to mining
activities in the Little Rockies Mountains prior to the
date of trust acquisition, including damages, losses,
or injuries to hunting, fishing, gathering, or cultural
rights.
(b) Effectiveness.--The waivers and releases under subsection (a)
shall take effect on the enforceability date.
(c) Objections in Montana Water Court.--Nothing in this division or
the Compact prohibits the Fort Belknap Indian Community, a member of
the Fort Belknap Indian Community, an allottee, or the United States in
any capacity from objecting to any claim to a water right filed in any
general stream adjudication in the Montana Water Court.
(d) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases under subsection (a), the Fort Belknap Indian
Community, acting on behalf of the Fort Belknap Indian Community and
members of the Fort Belknap Indian Community, and the United States,
acting as trustee for the Fort Belknap Indian Community and the
allottees shall retain--
(1) all claims relating to--
(A) the enforcement of water rights recognized
under the Compact, any final court decree relating to
those water rights, or this division or to water rights
accruing on or after the enforceability date;
(B) the quality of water under--
(i) CERCLA, including damages to natural
resources;
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii);
(C) damage, loss, or injury to land or natural
resources that are--
(i) not due to loss of water or water
rights (including hunting, fishing, gathering,
or cultural rights); and
(ii) not described in subsection (a)(3);
and
(D) an action to prevent any person or party (as
defined in sections 29 and 30 of Article II of the
Compact) from interfering with the enjoyment of the
Tribal water rights;
(2) all claims relating to off-Reservation hunting rights,
fishing rights, gathering rights, or other rights;
(3) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this Act;
(4) all claims relating to the allocation of waters of the
Milk River and the Milk River Project between the Fort Belknap
Indian Community and the Blackfeet Tribe, pursuant to section
3705(e)(3) of the Blackfeet Water Rights Settlement Act (Public
Law 114-322; 130 Stat. 1818);
(5) all claims relating to the enforcement of this
division, including the required transfer of land under section
11006; and
(6) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
division or the Compact.
(e) Effect of Compact and Division.--Nothing in the Compact or this
division--
(1) affects the authority of the Fort Belknap Indian
Community to enforce the laws of the Fort Belknap Indian
Community, including with respect to environmental protections;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
including--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) CERCLA; and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) affects the ability of the United States to act as
trustee for any other Indian Tribe or an allottee of any other
Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health,
safety, or the environment;
(B) to determine the duties of the United States or
any other party under Federal law relating to health,
safety, or the environment; or
(C) to conduct judicial review of any Federal
agency action;
(5) waives any claim of a member of the Fort Belknap Indian
Community in an individual capacity that does not derive from a
right of the Fort Belknap Indian Community;
(6) revives any claim adjudicated in the decision in Gros
Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or
(7) revives any claim released by an allottee or member of
the Fort Belknap Indian Community in the settlement in Cobell
v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
(f) Enforceability Date.--The enforceability date shall be the date
on which the Secretary publishes in the Federal Register a statement of
findings that--
(1) the eligible members of the Fort Belknap Indian
Community have voted to approve this division and the Compact
by a majority of votes cast on the day of the vote;
(2)(A) the Montana Water Court has approved the Compact in
a manner from which no further appeal may be taken; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate district court of the United
States has approved the Compact as a consent decree from which
no further appeal may be taken;
(3) all of the amounts authorized to be appropriated under
section 11014 have been appropriated and deposited in the
designated accounts;
(4) the Secretary and the Fort Belknap Indian Community
have executed the allocation agreement described in section
11007(c)(1);
(5) the State has provided the required funding into the
Fort Belknap Indian Community Tribal Irrigation and Other Water
Resources Development Account of the Trust Fund pursuant to
section 11014(a)(3); and
(6) the waivers and releases under subsection (a) have been
executed by the Fort Belknap Indian Community and the
Secretary.
(g) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the enforceability
date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitations or time-
based equitable defense that expired before the date of
enactment of this Act.
(h) Expiration.--
(1) In general.--This division shall expire in any case in
which--
(A) the amounts authorized to be appropriated by
this division have not been made available to the
Secretary by not later than--
(i) January 21, 2034; and
(ii) such alternative later date as is
agreed to by the Fort Belknap Indian Community
and the Secretary; or
(B) the Secretary fails to publish a statement of
findings under subsection (f) by not later than--
(i) January 21, 2035; and
(ii) such alternative later date as is
agreed to by the Fort Belknap Indian Community
and the Secretary, after providing reasonable
notice to the State.
(2) Consequences.--If this division expires under paragraph
(1)--
(A) the waivers and releases under subsection (a)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation,
and execution of the Compact under section 11004 shall
no longer be effective;
(C) any action carried out by the Secretary, and
any contract or agreement entered into, pursuant to
this division shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized
by this division, together with any interest earned on
those funds, and any water rights or contracts to use
water and title to other property acquired or
constructed with Federal funds appropriated or made
available to carry out the activities authorized by
this division shall be returned to the Federal
Government, unless otherwise agreed to by the Fort
Belknap Indian Community and the United States and
approved by Congress; and
(E) except for Federal funds used to acquire or
construct property that is returned to the Federal
Government under subparagraph (D), the United States
shall be entitled to offset any Federal funds made
available to carry out this division that were expended
or withdrawn, or any funds made available to carry out
this division from other Federal authorized sources,
together with any interest accrued on those funds,
against any claims against the United States--
(i) relating to--
(I) water rights in the State
asserted by--
(aa) the Fort Belknap
Indian Community; or
(bb) any user of the Tribal
water rights; or
(II) any other matter described in
subsection (a)(3); or
(ii) in any future settlement of water
rights of the Fort Belknap Indian Community or
an allottee.
SEC. 11012. AANIIIH NAKODA SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the Fort Belknap Indian Community, to be known as the ``Aaniiih Nakoda
Settlement Trust Fund'', to be managed, invested, and distributed by
the Secretary and to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury, consisting of the amounts
deposited in the Trust Fund under subsection (c), together with any
investment earnings, including interest, earned on those amounts, for
the purpose of carrying out this division.
(b) Accounts.--The Secretary shall establish in the Trust Fund the
following accounts:
(1) The Fort Belknap Indian Community Tribal Irrigation and
Other Water Resources Development Account.
(2) The Fort Belknap Indian Community Water Resources and
Water Rights Administration, Operation, and Maintenance
Account.
(3) The Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Community Tribal Irrigation
and Other Water Resources Development Account established under
subsection (b)(1), the amounts made available pursuant to
paragraphs (1)(A) and (2)(A)(i) of section 11014(a);
(2) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the amounts made
available pursuant to section 11014(a)(2)(A)(ii); and
(3) in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the amounts made
available pursuant to paragraphs (1)(B) and (2)(A)(iii) of
section 11014(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the Trust Fund pursuant to subsection (c), the
Secretary shall manage, invest, and distribute all amounts in
the Trust Fund in accordance with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, credited to amounts held in the Trust Fund
shall be available for use in accordance with subsections (e)
and (g).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, earned on those amounts shall be made available--
(A) to the Fort Belknap Indian Community by the
Secretary beginning on the enforceability date; and
(B) subject to the uses and restrictions in this
section.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Fort Belknap Indian
Community Tribal Irrigation and Other Water Resources
Development Account established under subsection (b)(1)
shall be available to the Fort Belknap Indian Community
on the date on which the amounts are deposited for uses
described in subparagraph (A) and (B) of subsection
(g)(1);
(B) amounts deposited in the Fort Belknap Indian
Community Water Resources and Water Rights
Administration, Operation, and Maintenance Account
established under subsection (b)(2) shall be made
available to the Fort Belknap Indian Community on the
date on which the amounts are deposited and the Fort
Belknap Indian Community has satisfied the requirements
of section 11011(f)(1), for the uses described in
subsection (g)(2)(A); and
(C) amounts deposited in the Fort Belknap Indian
Community Clean and Safe Domestic Water and Sewer
Systems, and Lake Elwell Project Account established
under subsection (b)(3) shall be available to the Fort
Belknap Indian Community on the date on which the
amounts are deposited for the uses described in
subsection (g)(3)(A).
(f) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The Fort Belknap Indian Community
may withdraw any portion of the funds in the Trust Fund
on approval by the Secretary of a Tribal management
plan submitted by the Fort Belknap Indian Community in
accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the Fort Belknap Indian Community spend all amounts
withdrawn from the Trust Fund, and any investment
earnings accrued through the investments under the
Tribal management plan, in accordance with this
division.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary--
(i) to enforce the Tribal management plan;
and
(ii) to ensure that amounts withdrawn from
the Trust Fund by the Fort Belknap Indian
Community under this paragraph are used in
accordance with this division.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Fort Belknap Indian Community
may submit to the Secretary a request to withdraw funds
from the Trust Fund pursuant to an approved expenditure
plan.
(B) Requirements.--To be eligible to withdraw funds
under an expenditure plan under this paragraph, the
Fort Belknap Indian Community shall submit to the
Secretary for approval an expenditure plan for any
portion of the Trust Fund that the Fort Belknap Indian
Community elects to withdraw pursuant to this
paragraph, subject to the condition that the funds
shall be used for the purposes described in this
division.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Trust Fund will be used by the Fort Belknap
Indian Community in accordance with subsections (e) and
(g).
(D) Approval.--On receipt of an expenditure plan
under this paragraph, the Secretary shall approve the
expenditure plan if the Secretary determines that the
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this division.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan under this paragraph to ensure that amounts
disbursed under this paragraph are used in accordance
with this division.
(g) Uses.--Amounts from the Trust Fund shall be used by the Fort
Belknap Indian Community for the following purposes:
(1) Fort belknap indian community tribal irrigation and
other water resources development account.--Amounts in the Fort
Belknap Indian Community Tribal Irrigation and Other Water
Resources Development Account established under subsection
(b)(1) shall be used to pay the cost of activities relating
to--
(A) planning, studies, and design of the Southern
Tributary Irrigation Project and the Peoples Creek
Irrigation Project, including the Upper Peoples Creek
Dam and Reservoir, as generally described in the
document of Natural Resources Consulting Engineers,
Inc., entitled ``Fort Belknap Indian Community
Comprehensive Water Development Plan'' and dated
February 2019;
(B) environmental compliance;
(C) construction of the Southern Tributary
Irrigation Project and the Peoples Creek Irrigation
Project, including the Upper Peoples Creek Dam and
Reservoir;
(D) wetlands restoration and development;
(E) stock watering infrastructure; and
(F) on farm development support and reacquisition
of fee lands within the Fort Belknap Indian Irrigation
Project and Fort Belknap Indian Community irrigation
projects within the Reservation.
(2) Fort belknap indian community water resources and water
rights administration, operation, and maintenance account.--
Amounts in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the principal and
investment earnings, including interest, may only be used by
the Fort Belknap Indian Community to pay the costs of
activities described in subparagraphs (A) through (C) as
follows:
(A) $9,000,000 shall be used for the establishment,
operation, and capital expenditures in connection with
the administration of the Tribal water resources and
water rights development, including the development or
enactment of a Tribal water code.
(B) Only investment earnings, including interest,
on $29,299,059 shall be used and be available to pay
the costs of activities for administration, operations,
and regulation of the Tribal water resources and water
rights department, in accordance with the Compact and
this division.
(C) Only investment earnings, including interest,
on $28,331,693 shall be used and be available to pay
the costs of activities relating to a portion of the
annual assessment costs for the Fort Belknap Indian
Community and Tribal members, including allottees,
under the Fort Belknap Indian Irrigation Project and
Fort Belknap Indian Community irrigation projects
within the Reservation.
(3) Fort belknap indian community clean and safe domestic
water and sewer systems, and lake elwell project account.--
Amounts in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the principal and
investment earnings, including interest, may only be used by
the Fort Belknap Indian Community to pay the costs of
activities relating to--
(A) planning, studies, design, and environmental
compliance of domestic water supply, and sewer
collection and treatment systems, as generally
described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap
Indian Community Comprehensive Water Development Plan''
and dated February 2019, including the Lake Elwell
Project water delivery to the southern part of the
Reservation;
(B) construction of domestic water supply, sewer
collection, and treatment systems;
(C) construction, in accordance with applicable
law, of infrastructure for delivery of Lake Elwell
water diverted from the Missouri River to the southern
part of the Reservation; and
(D) planning, studies, design, environmental
compliance, and construction of a Tribal wellness
center for a work force health and wellbeing project.
(h) Liability.--The Secretary shall not be liable for any
expenditure or investment of amounts withdrawn from the Trust Fund by
the Fort Belknap Indian Community pursuant to subsection (f).
(i) Project Efficiencies.--If the total cost of the activities
described in subsection (g) results in cost savings and is less than
the amounts authorized to be obligated under any of paragraphs (1)
through (3) of that subsection required to carry out those activities,
the Secretary, at the request of the Fort Belknap Indian Community,
shall deposit those savings in the Trust Fund to be used in accordance
with that subsection.
(j) Annual Report.--The Fort Belknap Indian Community shall submit
to the Secretary an annual expenditure report describing
accomplishments and amounts spent from use of withdrawals under a
Tribal management plan or an expenditure plan described in this
section.
(k) No Per Capita Payments.--No principal or interest amount in any
account established by this section shall be distributed to any member
of the Fort Belknap Indian Community on a per capita basis.
(l) Effect.--Nothing in this division entitles the Fort Belknap
Indian Community to judicial review of a determination of the Secretary
regarding whether to approve a Tribal management plan under subsection
(f)(1) or an expenditure plan under subsection (f)(2), except as
provided under subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative Procedure
Act'').
SEC. 11013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT
IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a non-trust, interest-bearing account to be known as the
``Fort Belknap Indian Community Water Settlement Implementation Fund'',
to be managed and distributed by the Secretary, for use by the
Secretary for carrying out this division.
(b) Accounts.--The Secretary shall establish in the Implementation
Fund the following accounts:
(1) The Fort Belknap Indian Irrigation Project System
Account.
(2) The Milk River Project Mitigation Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Irrigation Project System
Account established under subsection (b)(1), the amount made
available pursuant to paragraphs (1)(C) and (2)(A)(iv) of
section 11014(a); and
(2) in the Milk River Project Mitigation Account
established under subsection (b)(2), the amount made available
pursuant to section 11014(a)(1)(D).
(d) Uses.--
(1) Fort belknap indian irrigation project system
account.--The Fort Belknap Indian Irrigation Project
Rehabilitation Account established under subsection (b)(1)
shall be used to carry out section 11009, except as provided in
subsection (h) of that section.
(2) Milk river project mitigation account.--The Milk River
Project Mitigation Account established under subsection (b)(2)
may only be used to carry out section 11008.
(e) Management.--
(1) In general.--Amounts in the Implementation Fund shall
not be available to the Secretary for expenditure until the
enforceability date.
(2) Exception.--Notwithstanding paragraph (1), amounts
deposited in the Fort Belknap Indian Irrigation Project System
Account established under subsection (b)(1) shall be available
to the Secretary on the date on which the amounts are deposited
for uses described in paragraphs (1) and (2) of section
11009(a).
(f) Interest.--In addition to the deposits under subsection (c),
any interest credited to amounts unexpended in the Implementation Fund
are authorized to be appropriated to be used in accordance with the
uses described in subsection (d).
SEC. 11014. FUNDING.
(a) Funding.--
(1) Authorization of appropriations.--Subject to subsection
(b), there are authorized to be appropriated to the Secretary--
(A) for deposit in the Fort Belknap Indian
Community Tribal Irrigation and Other Water Resources
Development Account of the Trust Fund established under
section 11012(b)(1), $89,643,100, to be retained until
expended, withdrawn, or reverted to the general fund of
the Treasury;
(B) for deposit in the Fort Belknap Indian
Community Clean and Safe Domestic Water and Sewer
Systems, and Lake Elwell Project Account of the Trust
Fund established under section 11012(b)(3),
$331,885,220, to be retained until expended, withdrawn,
or reverted to the general fund of the Treasury;
(C) for deposit in the Fort Belknap Indian
Irrigation Project System Account of the Implementation
Fund established under section 11013(b)(1), such sums
as are necessary, but not more than $187,124,469, for
the Secretary to carry out section 11009, to be
retained until expended, withdrawn, or reverted to the
general fund of the Treasury; and
(D) for deposit in the Milk River Project
Mitigation Account of the Implementation Fund
established under section 11013(b)(2), such sums as are
necessary, but not more than $300,000,000, for the
Secretary to carry out obligations of the Secretary
under section 11008, to be retained until expended,
withdrawn, or reverted to the general fund of the
Treasury.
(2) Mandatory appropriations.--
(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall deposit--
(i) in the Fort Belknap Indian Community
Tribal Irrigation and Other Water Resources
Development Account of the Trust Fund
established under section 11012(b)(1),
$29,881,034, to be retained until expended,
withdrawn, or reverted to the general fund of
the Treasury;
(ii) in the Fort Belknap Indian Community
Water Resources and Water Rights
Administration, Operation, and Maintenance
Account of the Trust Fund established under
section 11012(b)(2), $66,630,752;
(iii) in the Fort Belknap Indian Community
Clean and Safe Domestic Water and Sewer
Systems, and Lake Elwell Project Account of the
Trust Fund established under section
11012(b)(3), $110,628,407; and
(iv) in the Fort Belknap Indian Irrigation
Project System Account of the Implementation
Fund established under section 11013(b)(1),
$228,707,684.
(B) Availability.--Amounts deposited in the
accounts under subparagraph (A) shall be available
without further appropriation.
(3) State cost share.--The State shall contribute
$5,000,000, plus any earned interest, payable to the Secretary
for deposit in the Fort Belknap Indian Community Tribal
Irrigation and Other Water Resources Development Account of the
Trust Fund established under section 11012(b)(1) on approval of
a final decree by the Montana Water Court for the purpose of
activities relating to the Upper Peoples Creek Dam and
Reservoir under subparagraphs (A) through (C) of section
11012(g)(1).
(b) Fluctuation in Costs.--
(1) In general.--The amounts authorized to be appropriated
under paragraphs (1) and (2) of subsection (a) and this
subsection shall be--
(A) increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs occurring after the date of
enactment of this Act as indicated by the Bureau of
Reclamation Construction Cost Index--Composite Trend;
and
(B) adjusted to address construction cost changes
necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost
indices as determined by the Secretary, including
repricing applicable to the types of construction and
current industry standards involved.
(2) Repetition.--The adjustment process under paragraph (1)
shall be repeated for each subsequent amount appropriated until
the amount authorized to be appropriated under subsection (a),
as adjusted, has been appropriated.
(3) Period of indexing.--
(A) Trust fund.--With respect to the Trust Fund,
the period of indexing adjustment under paragraph (1)
for any increment of funding shall end on the date on
which the funds are deposited into the Trust Fund.
(B) Implementation fund.--With respect to the
Implementation Fund, the period of adjustment under
paragraph (1) for any increment of funding shall be
annually.
SEC. 11015. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--Except as
provided in subsections (a) through (c) of section 208 of the
Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing
in this division waives the sovereign immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this division
quantifies or diminishes any land or water right, or any claim or
entitlement to land or water, of an Indian Tribe, band, or community
other than the Fort Belknap Indian Community.
(c) Elimination of Debts or Liens Against Allotments of the Fort
Belknap Indian Community Members Within the Fort Belknap Indian
Irrigation Project.--On the date of enactment of this Act, the
Secretary shall cancel and eliminate all debts or liens against the
allotments of land held by the Fort Belknap Indian Community and the
members of the Fort Belknap Indian Community due to construction
assessments and annual operation and maintenance charges relating to
the Fort Belknap Indian Irrigation Project.
(d) Effect on Current Law.--Nothing in this division affects any
provision of law (including regulations) in effect on the day before
the date of enactment of this Act with respect to pre-enforcement
review of any Federal environmental enforcement action.
(e) Effect on Reclamation Laws.--The activities carried out by the
Commissioner under this division shall not establish a precedent or
impact the authority provided under any other provision of the
reclamation laws, including--
(1) the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(f) Additional Funding.--Nothing in this division prohibits the
Fort Belknap Indian Community from seeking--
(1) additional funds for Tribal programs or purposes; or
(2) funding from the United States or the State based on
the status of the Fort Belknap Indian Community as an Indian
Tribe.
(g) Rights Under State Law.--Except as provided in section 1 of
Article III of the Compact (relating to the closing of certain water
basins in the State to new appropriations in accordance with the laws
of the State), nothing in this division or the Compact precludes the
acquisition or exercise of a right arising under State law (as defined
in section 6 of Article II of the Compact) to the use of water by the
Fort Belknap Indian Community, or a member or allottee of the Fort
Belknap Indian Community, outside the Reservation by--
(1) purchase of the right; or
(2) submitting to the State an application in accordance
with State law.
(h) Water Storage and Importation.--Nothing in this division or the
Compact prevents the Fort Belknap Indian Community from participating
in any project to import water to, or to add storage in, the Milk River
Basin.
SEC. 11016. ANTIDEFICIENCY.
The United States shall not be liable for any failure to carry out
any obligation or activity authorized by this division, including any
obligation or activity under the Compact, if--
(1) adequate appropriations are not provided by Congress
expressly to carry out the purposes of this division; or
(2) there are not enough funds available in the Reclamation
Water Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
to carry out the purposes of this division.
DIVISION L--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY
Subtitle A--Federal Data Center Enhancement Act of 2023
SEC. 11001. SHORT TITLE.
This subtitle may be cited as the ``Federal Data Center Enhancement
Act of 2023''.
SEC. 11002. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE AMENDMENTS.
(a) Findings.--Congress finds the following:
(1) The statutory authorization for the Federal Data Center
Optimization Initiative under section 834 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291)
expired at the end of fiscal year 2022.
(2) The expiration of the authorization described in
paragraph (1) presents Congress with an opportunity to review
the objectives of the Federal Data Center Optimization
Initiative to ensure that the initiative is meeting the current
needs of the Federal Government.
(3) The initial focus of the Federal Data Center
Optimization Initiative, which was to consolidate data centers
and create new efficiencies, has resulted in, since 2010--
(A) the consolidation of more than 6,000 Federal
data centers; and
(B) cost savings and avoidance of $5,800,000,000.
(4) The need of the Federal Government for access to data
and data processing systems has evolved since the date of
enactment in 2014 of subtitle D of title VIII of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015.
(5) Federal agencies and employees involved in mission
critical functions increasingly need reliable access to secure,
reliable, and protected facilities to house mission critical
data and data operations to meet the immediate needs of the
people of the United States.
(6) As of the date of enactment of this subtitle, there is
a growing need for Federal agencies to use data centers and
cloud applications that meet high standards for cybersecurity,
resiliency, and availability.
(b) Minimum Requirements for New Data Centers.--Section 834 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is
amended--
(1) in subsection (a), by striking paragraphs (3) and (4)
and inserting the following:
``(3) New data center.--The term `new data center' means--
``(A)(i) a data center or a portion thereof that is
owned, operated, or maintained by a covered agency; or
``(ii) to the extent practicable, a data center or
portion thereof--
``(I) that is owned, operated, or
maintained by a contractor on behalf of a
covered agency on the date on which the
contract between the covered agency and the
contractor expires; and
``(II) with respect to which the covered
agency extends the contract, or enters into a
new contract, with the contractor; and
``(B) on or after the date that is 180 days after
the date of enactment of the Federal Data Center
Enhancement Act of 2023, a data center or portion
thereof that is--
``(i) established; or
``(ii) substantially upgraded or
expanded.'';
(2) by striking subsection (b) and inserting the following:
``(b) Minimum Requirements for New Data Centers.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Federal Data Center Enhancement Act of
2023, the Administrator shall establish minimum requirements
for new data centers in consultation with the Administrator of
General Services and the Federal Chief Information Officers
Council.
``(2) Contents.--
``(A) In general.--The minimum requirements
established under paragraph (1) shall include
requirements relating to--
``(i) the availability of new data centers;
``(ii) the use of new data centers;
``(iii) uptime percentage;
``(iv) protections against power failures,
including on-site energy generation and access
to multiple transmission paths;
``(v) protections against physical
intrusions and natural disasters;
``(vi) information security protections
required by subchapter II of chapter 35 of
title 44, United States Code, and other
applicable law and policy; and
``(vii) any other requirements the
Administrator determines appropriate.
``(B) Consultation.--In establishing the
requirements described in subparagraph (A)(vi), the
Administrator shall consult with the Director of the
Cybersecurity and Infrastructure Security Agency and
the National Cyber Director.
``(3) Incorporation of minimum requirements into current
data centers.--As soon as practicable, and in any case not
later than 90 days after the Administrator establishes the
minimum requirements pursuant to paragraph (1), the
Administrator shall issue guidance to ensure, as appropriate,
that covered agencies incorporate the minimum requirements
established under that paragraph into the operations of any
data center of a covered agency existing as of the date of
enactment of the Federal Data Center Enhancement Act of 2023.
``(4) Review of requirements.--The Administrator, in
consultation with the Administrator of General Services and the
Federal Chief Information Officers Council, shall review,
update, and modify the minimum requirements established under
paragraph (1), as necessary.
``(5) Report on new data centers.--During the development
and planning lifecycle of a new data center, if the head of a
covered agency determines that the covered agency is likely to
make a management or financial decision relating to any data
center, the head of the covered agency shall--
``(A) notify--
``(i) the Administrator;
``(ii) Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(iii) Committee on Oversight and
Accountability of the House of Representatives;
and
``(B) describe in the notification with sufficient
detail how the covered agency intends to comply with
the minimum requirements established under paragraph
(1).
``(6) Use of technology.--In determining whether to
establish or continue to operate an existing data center, the
head of a covered agency shall--
``(A) regularly assess the application portfolio of
the covered agency and ensure that each at-risk legacy
application is updated, replaced, or modernized, as
appropriate, to take advantage of modern technologies;
and
``(B) prioritize and, to the greatest extent
possible, leverage commercial cloud environments rather
than acquiring, overseeing, or managing custom data
center infrastructure.
``(7) Public website.--
``(A) In general.--The Administrator shall maintain
a public-facing website that includes information,
data, and explanatory statements relating to the
compliance of covered agencies with the requirements of
this section.
``(B) Processes and procedures.--In maintaining the
website described in subparagraph (A), the
Administrator shall--
``(i) ensure covered agencies regularly,
and not less frequently than biannually, update
the information, data, and explanatory
statements posed on the website, pursuant to
guidance issued by the Administrator, relating
to any new data centers and, as appropriate,
each existing data center of the covered
agency; and
``(ii) ensure that all information, data,
and explanatory statements on the website are
maintained as open Government data assets.'';
and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--The head of a covered agency shall
oversee and manage the data center portfolio and the
information technology strategy of the covered agency in
accordance with Federal cybersecurity guidelines and
directives, including--
``(A) information security standards and guidelines
promulgated by the Director of the National Institute
of Standards and Technology;
``(B) applicable requirements and guidance issued
by the Director of the Office of Management and Budget
pursuant to section 3614 of title 44, United States
Code; and
``(C) directives issued by the Secretary of
Homeland Security under section 3553 of title 44,
United States Code.''.
(c) Extension of Sunset.--Section 834(e) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is amended by
striking ``2022'' and inserting ``2026''.
(d) GAO Review.--Not later than 1 year after the date of the
enactment of this subtitle, and annually thereafter, the Comptroller
General of the United States shall review, verify, and audit the
compliance of covered agencies with the minimum requirements
established pursuant to section 834(b)(1) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (44 U.S.C. 3601 note; Public Law 113-291) for new data centers and
subsection (b)(3) of that section for existing data centers, as
appropriate.
TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS
Subtitle A--Enhancing DHS Drug Seizures Act
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ``Enhancing DHS Drug Seizures
Act''.
SEC. 11102. COORDINATION AND INFORMATION SHARING.
(a) Public-private Partnerships.--
(1) Strategy.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
develop a strategy to strengthen existing and establish new
public-private partnerships with shipping, chemical, and
pharmaceutical industries to assist with early detection and
interdiction of illicit drugs and precursor chemicals.
(2) Contents.--The strategy required under paragraph (1)
shall contain goals and objectives for employees of the
Department of Homeland Security to ensure the tactics,
techniques, and procedures gained from the public-private
partnerships described in paragraph (1) are included in
policies, best practices, and training for the Department.
(3) Implementation plan.--Not later than 180 days after
developing the strategy required under paragraph (1), the
Secretary of Homeland Security shall develop an implementation
plan for the strategy, which shall outline departmental lead
and support roles, responsibilities, programs, and timelines
for accomplishing the goals and objectives of the strategy.
(4) Briefing.--The Secretary of Homeland Security shall
provide annual briefings to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding the
progress made in addressing the implementation plan developed
pursuant to paragraph (3).
(b) Assessment of Drug Task Forces.--
(1) In general.--The Secretary of Homeland Security shall
conduct an assessment of the counterdrug task forces in which
the Department of Homeland Security, including components of
the Department, participates in or leads, which shall include--
(A) areas of potential overlap;
(B) opportunities for sharing information and best
practices;
(C) how the Department's processes for ensuring
accountability and transparency in its vetting and
oversight of partner agency task force members align
with best practices; and
(D) corrective action plans for any capability
limitations and deficient or negative findings
identified in the report for any such task forces led
by the Department.
(2) Coordination.--In conducting the assessment required
under paragraph (1), with respect to counterdrug task forces
that include foreign partners, the Secretary of Homeland
Security shall coordinate with the Secretary of State.
(3) Report.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Homeland Security shall submit a report to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives that contains a summary of
the results of the assessment conducted pursuant to
paragraph (1).
(B) Foreign partners.--If the report submitted
under subparagraph (A) includes information about
counterdrug forces that include foreign partners, the
Secretary of Homeland Security shall submit the report
to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(4) Corrective action plan.--The Secretary of Homeland
Security shall--
(A) implement the corrective action plans described
in paragraph (1)(D) immediately after the submission of
the report pursuant to paragraph (2); and
(B) provide annual briefings to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives regarding the progress made in
implementing the corrective action plans.
(c) Combination of Briefings.--The Secretary of Homeland Security
may combine the briefings required under subsections (a)(4) and
(b)(3)(B) and provide such combined briefings through fiscal year 2026.
SEC. 11103. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL
DEPLOYED ABROAD.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by inserting after
section 881 the following:
``SEC. 881A. DANGER PAY ALLOWANCE.
``(a) Authorization.--An employee of the Department, while
stationed in a foreign area, may be granted a danger pay allowance, not
to exceed 35 percent of the basic pay of such employee, for any period
during which such foreign area experiences a civil insurrection, a
civil war, ongoing terrorist acts, or wartime conditions that threaten
physical harm or imminent danger to the health or well-being of such
employee.
``(b) Notice.--Before granting or terminating a danger pay
allowance to any employee pursuant to subsection (a), the Secretary,
after consultation with the Secretary of State, shall notify the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Foreign Relations of the Senate, the Committee on
Homeland Security of the House of Representatives, and the Committee on
Foreign Affairs of the House of Representatives of--
``(1) the intent to make such payments and the
circumstances justifying such payments; or
``(2) the intent to terminate such payments and the
circumstances justifying such termination.''.
SEC. 11104. IMPROVING TRAINING TO FOREIGN-VETTED LAW ENFORCEMENT OR
NATIONAL SECURITY UNITS.
The Secretary of Homeland Security, or the designee of the
Secretary, may, with the concurrence of the Secretary of State, provide
training to foreign-vetted law enforcement or national security units
and may waive reimbursement for salary expenses of such Department of
Homeland Security personnel, in accordance with an agreement with the
Department of Defense pursuant to section 1535 of title 31, United
States Code.
SEC. 11105. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND BORDER
PROTECTION IN FOREIGN COUNTRIES.
Section 411(f) of the Homeland Security Act of 2002 (6 U.S.C.
211(f)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Permissible activities.--
``(A) In general.--Employees of U.S. Customs and
Border Protection and other customs officers designated
in accordance with the authorities granted to officers
and agents of Air and Marine Operations may, with the
concurrence of the Secretary of State, provide the
support described in subparagraph (B) to authorities of
the government of a foreign country if an arrangement
has been entered into between the Government of the
United States and the government of such country that
permits such support by such employees and officers.
``(B) Support described.--The support described in
this subparagraph is support for--
``(i) the monitoring, locating, tracking,
and deterrence of--
``(I) illegal drugs to the United
States;
``(II) the illicit smuggling of
persons and goods into the United
States;
``(III) terrorist threats to the
United States; and
``(IV) other threats to the
security or economy of the United
States;
``(ii) emergency humanitarian efforts; and
``(iii) law enforcement capacity-building
efforts.
``(C) Payment of claims.--
``(i) In general.--Subject to clauses (ii)
and (iv), the Secretary, with the concurrence
of the Secretary of State, may expend funds
that have been appropriated or otherwise made
available for the operating expenses of the
Department to pay claims for money damages
against the United States, in accordance with
the first paragraph of section 2672 of title
28, United States Code, which arise in a
foreign country in connection with U.S. Customs
and Border Protection operations in such
country.
``(ii) Submission deadline.--A claim may be
allowed under clause (i) only if it is
presented not later than 2 years after it
accrues.
``(iii) Report.--Not later than 90 days
after the date on which the expenditure
authority under clause (i) expires pursuant to
clause (iv), the Secretary shall submit a
report to the Committee on Homeland Security
and Governmental Affairs and the Committee on
Foreign Relations of the Senate and the
Committee on Homeland Security and Committee on
Foreign Affairs of the House of Representatives
that describes, for each of the payments made
pursuant to clause (i)--
``(I) the foreign entity that
received such payment;
``(II) the amount paid to such
foreign entity;
``(III) the country in which such
foreign entity resides or has its
principal place of business; and
``(IV) a detailed account of the
circumstances justify such payment.
``(iv) Sunset.--The expenditure authority
under clause (i) shall expire on the date that
is 5 years after the date of the enactment of
the Enhancing DHS Drug Seizures Act.''.
SEC. 11106. DRUG SEIZURE DATA IMPROVEMENT.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall conduct a study
to identify any opportunities for improving drug seizure data
collection.
(b) Elements.--The study required under subsection (a) shall--
(1) include a survey of the entities that use drug seizure
data; and
(2) address--
(A) any additional data fields or drug type
categories that should be added to U.S. Customs and
Border Protection's SEACATS, U.S. Border Patrol's e3
portal, and any other systems deemed appropriate by the
Commissioner of U.S. Customs and Border Protection, in
accordance with the first recommendation in the
Government Accountability Office's report GAO-22-
104725, entitled ``Border Security: CBP Could Improve
How It Categorizes Drug Seizure Data and Evaluates
Training'';
(B) how all the Department of Homeland Security
components that collect drug seizure data can
standardize their data collection efforts and
deconflict drug seizure reporting;
(C) how the Department of Homeland Security can
better identify, collect, and analyze additional data
on precursor chemicals, synthetic drugs, novel
psychoactive substances, and analogues that have been
seized by U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement; and
(D) how the Department of Homeland Security can
improve its model of anticipated drug flow into the
United States.
(c) Implementation of Findings.--Following the completion of the
study required under subsection (a)--
(1) the Secretary of Homeland Security, in accordance with
the Office of National Drug Control Policy's 2022 National Drug
Control Strategy, shall modify Department of Homeland Security
drug seizure policies and training programs, as appropriate,
consistent with the findings of such study; and
(2) the Commissioner of U.S. Customs and Border Protection,
in consultation with the Director of U.S. Immigration and
Customs Enforcement, shall make any necessary updates to
relevant systems to include the results of confirmatory drug
testing results.
SEC. 11107. DRUG PERFORMANCE MEASURES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall develop and implement a plan
to ensure that components of the Department of Homeland Security
develop and maintain outcome-based performance measures that adequately
assess the success of drug interdiction efforts and how to utilize the
existing drug-related metrics and performance measures to achieve the
missions, goals, and targets of the Department.
SEC. 11108. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
(a) Personnel and Structures.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after
section 274D the following:
``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.
``(a) In General.--It shall be unlawful to knowingly and without
lawful authorization--
``(1)(A) destroy or significantly damage any fence,
barrier, sensor, camera, or other physical or electronic device
deployed by the Federal Government to control an international
border of, or a port of entry to, the United States; or
``(B) otherwise construct, excavate, or make any structure
intended to defeat, circumvent or evade such a fence, barrier,
sensor camera, or other physical or electronic device deployed
by the Federal Government to control an international border
of, or a port of entry to, the United States; and
``(2) in carrying out an act described in paragraph (1),
have the intent to knowingly and willfully--
``(A) secure a financial gain;
``(B) further the objectives of a criminal
organization; and
``(C) violate--
``(i) section 274(a)(1)(A)(i);
``(ii) the customs and trade laws of the
United States (as defined in section 2(4) of
the Trade Facilitation and Trade Enforcement
Act of 2015 (Public Law 114-125));
``(iii) any other Federal law relating to
transporting controlled substances,
agriculture, or monetary instruments into the
United States; or
``(iv) any Federal law relating to border
controls measures of the United States.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under title 18, United States Code, imprisoned for not more than
5 years, or both.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 274D the following:
``Sec. 274E. Destroying or evading border controls.''.
Subtitle B--Non-Intrusive Inspection Expansion Act
SEC. 11111. SHORT TITLE.
This subtitle may be cited as the ``Non-Intrusive Inspection
Expansion Act''.
SEC. 11112. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND PORTS OF
ENTRY.
(a) Fiscal Year 2026.--Using non-intrusive inspection systems
acquired through previous appropriations Acts, beginning not later than
September 30, 2026, U.S. Customs and Border Protection shall use non-
intrusive inspection systems at land ports of entry to scan,
cumulatively, at ports of entry where systems are in place by the
deadline, not fewer than--
(1) 40 percent of passenger vehicles entering the United
States; and
(2) 90 percent of commercial vehicles entering the United
States.
(b) Subsequent Fiscal Years.--Beginning in fiscal year 2027, U.S.
Customs and Border Protection shall use non-intrusive inspection
systems at land ports of entry to reach the next projected benchmark
for incremental scanning of passenger and commercial vehicles entering
the United States at such ports of entry.
(c) Briefing.--Not later than May 30, 2026, the Commissioner of
U.S. Customs and Border Protection shall brief the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
regarding the progress made during the first half of fiscal year 2026
in achieving the scanning benchmarks described in subsection (a).
(d) Report.--If the scanning benchmarks described in subsection (a)
are not met by the end of fiscal year 2026, not later than 120 days
after the end of that fiscal year, the Commissioner of U.S. Customs and
Border Protection shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that--
(1) analyzes the causes for not meeting such requirements;
(2) identifies any resource gaps and challenges; and
(3) details the steps that will be taken to ensure
compliance with such requirements in the subsequent fiscal
year.
SEC. 11113. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND INSPECTIONS.
(a) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall submit a strategy to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives for increasing
sustained outbound inspection operations at land ports of entry that
includes--
(1) the number of existing and planned outbound inspection
lanes at each port of entry;
(2) infrastructure limitations that limit the ability of
U.S. Customs and Border Protection to deploy non-intrusive
inspection systems for outbound inspections;
(3) the number of additional non-intrusive inspection
systems that are necessary to increase scanning capacity for
outbound inspections; and
(4) plans for funding and acquiring the systems described
in paragraph (3).
(b) Implementation.--Beginning not later than September 30, 2026,
U.S. Customs and Border Protection shall use non-intrusive inspection
systems at land ports of entry to scan not fewer than 10 percent of all
vehicles exiting the United States through land ports of entry.
SEC. 11114. GAO REVIEW AND REPORT.
(a) Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the use by U.S. Customs and
Border Protection of non-intrusive inspection systems for
border security.
(2) Elements.--The review required under paragraph (1)
shall--
(A) identify--
(i) the number and types of non-intrusive
inspection systems deployed by U.S. Customs and
Border Protection; and
(ii) the locations to which such systems
have been deployed; and
(B) examine the manner in which U.S. Customs and
Border Protection--
(i) assesses the effectiveness of such
systems; and
(ii) uses such systems in conjunction with
other border security resources and assets,
such as border barriers and technology, to
detect and interdict drug smuggling and
trafficking at the southwest border of the
United States.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit a report to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
containing the findings of the review conducted pursuant to subsection
(a).
Subtitle C--Securing America's Ports of Entry Act of 2023
SEC. 11121. SHORT TITLE.
This subtitle may be cited as the ``Securing America's Ports of
Entry Act of 2023''.
SEC. 11122. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--Subject to appropriations, the Commissioner of U.S.
Customs and Border Protection shall hire, train, and assign not fewer
than 600 new U.S. Customs and Border Protection officers above the
current attrition level during every fiscal year until the total number
of U.S. Customs and Border Protection officers equals and sustains the
requirements identified each year in the Workload Staffing Model.
(b) Support Staff.--The Commissioner is authorized to hire, train,
and assign support staff, including technicians and Enterprise Services
mission support, to perform non-law enforcement administrative
functions to support the new U.S. Customs and Border Protection
officers hired pursuant to subsection (a).
(c) Traffic Forecasts.--In calculating the number of U.S. Customs
and Border Protection officers needed at each port of entry through the
Workload Staffing Model, the Commissioner shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry;
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information;
(3) consider historical volume and forecasts prior to the
COVID-19 pandemic and the impact on international travel; and
(4) incorporate personnel requirements for increasing the
rate of outbound inspection operations at land ports of entry.
(d) GAO Report.--If the Commissioner does not hire the 600
additional U.S. Customs and Border Protection officers authorized under
subsection (a) during fiscal year 2024, or during any subsequent fiscal
year in which the hiring requirements set forth in the Workload
Staffing Model have not been achieved, the Comptroller General of the
United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring practices to determine the reasons that such
requirements were not achieved and other issues related to
hiring by U.S. Customs and Border Protection; and
(2) submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Finance of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Ways and
Means of the House of Representatives that describes the
results of the review conducted pursuant to paragraph (1).
SEC. 11123. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall submit a
report to the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Finance of the Senate, the Committee on
Homeland Security of the House of Representatives, and the Committee on
Ways and Means of the House of Representatives that identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border Protection
officers to interdict opioids and other drugs that are being
illegally transported into the United States, including a
description of circumstances at specific ports of entry that
prevent the deployment of technology used at other ports of
entry;
(2) detection equipment that would improve the ability of
such officers to identify opioids, including precursors and
derivatives, that are being illegally transported into the
United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 11124. REPORTING REQUIREMENTS.
(a) Temporary Duty Assignments.--
(1) Quarterly report.--The Commissioner of U.S. Customs and
Border Protection shall submit a quarterly report to the
appropriate congressional committees that includes, for the
reporting period--
(A) the number of temporary duty assignments;
(B) the number of U.S. Customs and Border
Protection officers required for each temporary duty
assignment;
(C) the ports of entry from which such officers
were reassigned;
(D) the ports of entry to which such officers were
reassigned;
(E) the ports of entry at which reimbursable
service agreements have been entered into that may be
affected by temporary duty assignments;
(F) the duration of each temporary duty assignment;
(G) the cost of each temporary duty assignment; and
(H) the extent to which the temporary duty
assignments within the reporting period were in support
of the other U.S. Customs and Border Protection
activities or operations along the southern border of
the United States, including the specific costs
associated with such temporary duty assignments.
(2) Notice.--Not later than 10 days before redeploying
employees from 1 port of entry to another, absent emergency
circumstances--
(A) the Commissioner shall notify the director of
the port of entry from which employees will be
reassigned of the intended redeployments; and
(B) the port director shall notify impacted
facilities (including airports, seaports, and land
ports) of the intended redeployments.
(3) Staff briefing.--The Commissioner shall brief all
affected U.S. Customs and Border Protection employees regarding
plans to mitigate vulnerabilities created by any planned
staffing reductions at ports of entry.
(b) Reports on U.S. Customs and Border Protection Agreements.--
Section 907(a) of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4451(a)) is amended--
(1) in paragraph (3), by striking ``and an assessment'' and
all that follows and inserting a period;
(2) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) A description of the factors that were considered
before entering into the agreement, including an assessment of
how the agreement provides economic benefits and security
benefits (if applicable) at the port of entry to which the
agreement relates.''; and
(4) in paragraph (5), as redesignated by paragraph (2), by
inserting after ``the report'' the following: ``, including the
locations of such services and the total hours of reimbursable
services under the agreement, if any''.
(c) Annual Workload Staffing Model Report.--As part of the Annual
Report on Staffing required under section 411(g)(5)(A) of the Homeland
Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), the Commissioner shall
include--
(1) information concerning the progress made toward meeting
the U.S. Customs and Border Protection officer and support
staff hiring targets set forth in section 2, while accounting
for attrition;
(2) an update to the information provided in the Resource
Optimization at the Ports of Entry report, which was submitted
to Congress on September 12, 2017, pursuant to the Department
of Homeland Security Appropriations Act, 2017 (division F of
Public Law 115-31); and
(3) a summary of the information included in the reports
required under subsection (a) and section 907(a) of the Trade
Facilitation and Trade Enforcement Act of 2015, as amended by
subsection (b).
(d) CBP One Mobile Application.--During the 2-year period beginning
on the date of the enactment of this Act, the Commissioner of U.S.
Customs and Border Protection shall publish a monthly report on the use
of the CBP One mobile application, including, with respect to each
reporting period--
(1) the number of application registration attempts made
through CBP One pursuant to the Circumvention of Lawful
Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that
resulted in a system error, disaggregated by error type;
(2) the total number of noncitizens who successfully
registered appointments through CBP One pursuant to such rule;
(3) the total number of appointments made through CBP One
pursuant to such rule that went unused;
(4) the total number of individuals who have been granted
parole with a Notice to Appear subsequent to appointments
scheduled for such individuals through CBP One pursuant to such
rule; and
(5) the total number of noncitizens who have been issued a
Notice to Appear and have been transferred to U.S. Immigration
and Customs Enforcement custody subsequent to appointments
scheduled for such noncitizens through CBP One pursuant to such
rule.
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Ways and Means of the House of
Representatives.
SEC. 11125. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle--
(1) $136,292,948 for fiscal year 2024; and
(2) $156,918,590 for each of the fiscal years 2025 through
2029.
Subtitle D--Border Patrol Enhancement Act
SEC. 11131. SHORT TITLE.
This subtitle may be cited as the ``Border Patrol Enhancement
Act''.
SEC. 11132. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES BORDER
PATROL.
(a) Defined Term.--In this subtitle, the term ``validated personnel
requirements determination model'' means a determination of the number
of United States Border Patrol agents needed to meet the critical
mission requirements of the United States Border Patrol to maintain an
orderly process for migrants entering the United States, that has been
validated by a qualified research entity pursuant to subsection (c).
(b) United States Border Patrol Personnel Requirements
Determination Model.--
(1) Completion; notice.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner shall
complete a personnel requirements determination model for
United States Border Patrol that builds on the 5-year United
States Border Patrol staffing and deployment plan referred to
on page 33 of House of Representatives Report 112-91 (May 26,
2011) and submit a notice of completion to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Director of the Office of Personnel
Management; and
(D) the Comptroller General of the United States.
(2) Certification.--Not later than 30 days after the
completion of the personnel requirements determination model
described in paragraph (1), the Commissioner shall submit a
copy of such model, an explanation of its development, and a
strategy for obtaining independent verification of such model,
to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives;
(C) the Office of Personnel Management; and
(D) the Comptroller General of the United States.
(c) Independent Study of Personnel Requirements Determination
Model.--
(1) Requirement for study.--Not later than 90 days after
the completion of the personnel requirements determination
model pursuant to subsection (b)(1), the Secretary of Homeland
Security shall select an entity that is technically,
managerially, and financially independent from the Department
of Homeland Security to conduct an independent verification and
validation of the model.
(2) Reports.--
(A) To secretary.--Not later than 1 year after the
completion of the personnel requirements determination
model under subsection (b)(1), the entity performing
the independent verification and validation of the
model shall submit a report to the Secretary of
Homeland Security that includes--
(i) the results of the study conducted
pursuant to paragraph (1); and
(ii) any recommendations regarding the
model that such entity considers to be
appropriate.
(B) To congress.--Not later than 30 days after
receiving the report described in subparagraph (A), the
Secretary of Homeland Security shall submit such
report, along with any additional views or
recommendations regarding the personnel requirements
determination model, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
(d) Authority To Hire Additional Personnel.--Beginning on the date
that is 180 days after receiving a report from a qualified research
entity pursuant to subsection (c)(2) that validates the personnel
requirements determination model and after implementing any
recommendations to improve or update such model, the Secretary of
Homeland Security may hire, train, and assign 600 or more United States
Border Patrol agents above the attrition level during every fiscal year
until the number of active agents meets the level recommended by the
validated personnel requirements determination model.
SEC. 11133. ESTABLISHMENT OF HIGHER RATES OF REGULARLY SCHEDULED
OVERTIME PAY FOR UNITED STATES BORDER PATROL AGENTS
CLASSIFIED AT GS-12.
Section 5550 of title 5, United States Code, is amended by adding
at the end the following:
``(h) Special Overtime Pay for GS-12 Border Patrol Agents.--
``(1) In general.--Notwithstanding paragraphs (1)(F),
(2)(C), and (3)(C) of subsection (b), a border patrol agent
encumbering a position at grade GS-12 shall receive a special
overtime payment under this subsection for hours of regularly
scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii)
of subsection (b), as applicable, that are credited to the
agent through actual performance of work, crediting under rules
for canine agents under subsection (b)(1)(F), or substitution
of overtime hours in the same work period under subsection
(f)(2)(A), except that no such payment may be made for periods
of absence resulting in an hours obligation under paragraph (3)
or (4) of subsection (f).
``(2) Computation.--The special overtime payment authorized
under paragraph (1) shall be computed by multiplying the
credited hours by 50 percent of the border patrol agent's
hourly rate of basic pay, rounded to the nearest cent.
``(3) Limitations.--The special overtime payment authorized
under paragraph (1)--
``(A) is not considered basic pay for retirement
under section 8331(3) or 8401(4) or for any other
purpose;
``(B) is not payable during periods of paid leave
or other paid time off; and
``(C) is not considered in computing an agent's
lump-sum annual leave payment under sections 5551 and
5552.''.
SEC. 11134. GAO ASSESSMENT OF RECRUITING EFFORTS, HIRING REQUIREMENTS,
AND RETENTION OF LAW ENFORCEMENT PERSONNEL.
The Comptroller General of the United States shall--
(1) conduct an assessment of U.S. Customs and Border
Protection's--
(A) efforts to recruit law enforcement personnel;
(B) hiring process and job requirements relating to
such recruitment; and
(C) retention of law enforcement personnel,
including the impact of employee compensation on such
retention efforts; and
(2) not later than 2 years after the date of the enactment
of this Act, submit a report containing the results of such
assessment to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
SEC. 11135. CONTINUING TRAINING.
(a) In General.--The Commissioner shall require all United States
Border Patrol agents and other employees or contracted employees
designated by the Commissioner, to participate in annual continuing
training to maintain and update their understanding of--
(1) Department of Homeland Security policies, procedures,
and guidelines;
(2) the fundamentals of law, ethics, and professional
conduct;
(3) applicable Federal law and regulations;
(4) precedential legal rulings, including Federal Circuit
Court and United States Supreme Court opinions relating to the
duty of care and treatment of persons in the custody of the
United States Border Patrol that the Commissioner determines
are relevant to active duty agents;
(5) applicable migration trends that the Commissioner
determines are relevant;
(6) best practices for coordinating with community
stakeholders; and
(7) any other information that the Commissioner determines
to be relevant to active duty agents.
(b) Training Subjects.--Continuing training under this subsection
shall include training regarding--
(1) non-lethal use of force policies available to United
States Border Patrol agents and de-escalation strategies and
methods;
(2) identifying, screening, and responding to vulnerable
populations, such as children, persons with diminished mental
capacity, victims of human trafficking, pregnant mothers,
victims of gender-based violence, victims of torture or abuse,
and the acutely ill;
(3) trends in transnational criminal organization
activities that impact border security and migration;
(4) policies, strategies, and programs--
(A) to protect due process, the civil, human, and
privacy rights of individuals, and the private property
rights of land owners;
(B) to reduce the number of migrant and agent
deaths; and
(C) to improve the safety of agents on patrol;
(5) personal resilience;
(6) anti-corruption and officer ethics training;
(7) current migration trends, including updated cultural
and societal issues of nations that are a significant source of
migrants who are--
(A) arriving at a United States port of entry to
seek humanitarian protection; or
(B) encountered at a United States international
boundary while attempting to enter without inspection;
(8) the impact of border security operations on natural
resources and the environment, including strategies to limit
the impact of border security operations on natural resources
and the environment;
(9) relevant cultural, societal, racial, and religious
training, including cross-cultural communication skills;
(10) training authorized under the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15601 et seq.);
(11) risk management and safety training that includes
agency protocols for ensuring public safety, personal safety,
and the safety of persons in the custody of the Department of
Homeland Security;
(12) non-lethal, self-defense training; and
(13) any other training that meets the requirements to
maintain and update the subjects identified in subsection (a).
(c) Course Requirements.--Courses offered under this section--
(1) shall be administered by the United States Border
Patrol, in consultation with the Federal Law Enforcement
Training Center; and
(2) shall be approved in advance by the Commissioner of
U.S. Customs and Border Protection to ensure that such courses
satisfy the requirements for training under this section.
(d) Assessment.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives that assesses the training and
education provided pursuant to this section, including continuing
education.
(e) Frequency Requirements.--Training offered as part of continuing
education under this section shall include--
(1) annual courses focusing on the curriculum described in
paragraphs (1) through (6) of subsection (b); and
(2) biannual courses focusing on curriculum described in
paragraphs (7) through (12) of subsection (b).
SEC. 11136. REPORTING REQUIREMENTS.
(a) Recruitment and Retention Report.--The Comptroller General of
the United States shall--
(1) conduct a study of the recruitment and retention of
female agents in the United States Border Patrol that
examines--
(A) the recruitment, application processes,
training, promotion, and other aspects of employment
for women in the United States Border Patrol;
(B) the training, complaints system, and redress
for sexual harassment and assault; and
(C) additional issues related to recruitment and
retention of female Border Patrol agents; and
(2) not later than 1 year after the date of the enactment
of this Act, submit a report containing the results of such
study and recommendations for addressing any identified
deficiencies or opportunities for improvement to--
(A) the Commissioner of U.S. Customs and Border
Protection;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(b) Implementation Report.--Not later than 90 days after receiving
the recruitment and retention report required under subsection (a), the
Commissioner shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that describes the
status of the Commissioner's efforts to implement any recommendations
included in recruitment and retention report.
Subtitle E--END FENTANYL Act
SEC. 11141. SHORT TITLES.
This subtitle may be cited as the ``Eradicating Narcotic Drugs and
Formulating Effective New Tools to Address National Yearly Losses of
Life Act'' or the ``END FENTANYL Act''.
SEC. 11142. ENSURING TIMELY UPDATES TO U.S. CUSTOMS AND BORDER
PROTECTION FIELD MANUALS.
(a) In General.--Not less frequently than triennially, the
Commissioner of U.S. Customs and Border Protection shall review and
update, as necessary, the current policies and manuals of the Office of
Field Operations related to inspections at ports of entry to ensure the
uniform implementation of inspection practices that will effectively
respond to technological and methodological changes designed to
disguise illegal activity, such as the smuggling of drugs and humans,
along the border.
(b) Reporting Requirement.--Shortly after each update required
under subsection (a), the Commissioner of U.S. Customs and Border
Protection shall submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives that summarizes the policy and
manual changes implemented by such update.
TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS
Subtitle A--Lobbying Disclosure Improvement Act
SEC. 11201. SHORT TITLE.
This subtitle may be cited as the ``Lobbying Disclosure Improvement
Act''.
SEC. 11202. REGISTRANT DISCLOSURE REGARDING FOREIGN AGENT REGISTRATION
EXEMPTION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a statement as to whether the registrant is exempt
under section 3(h) of the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 613(h)).''.
Subtitle B--Disclosing Foreign Influence in Lobbying Act
SEC. 11211. SHORT TITLE.
This subtitle may be cited as the ``Disclosing Foreign Influence in
Lobbying Act''.
SEC. 11212. CLARIFICATION OF CONTENTS OF REGISTRATION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(b)), as amended by section 11202 of this title, is amended--
(1) in paragraph (8), as added by section 11202 of this
title, by striking the period at the end and inserting ``;
and''; and
(2) by adding at the end the following:
``(9) notwithstanding paragraph (4), the name and address
of each government of a foreign country (including any agency
or subdivision of a government of a foreign country, such as a
regional or municipal unit of government) and foreign political
party, other than the client, that participates in the
direction, planning, supervision, or control of any lobbying
activities of the registrant.''.
TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN
Subtitle A--Government-wide Study Relating to High-security Leased
Space
SEC. 11301. GOVERNMENT-WIDE STUDY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Beneficial owner.--
(A) In general.--The term ``beneficial owner'',
with respect to a covered entity, means each natural
person who, directly or indirectly, through any
contract, arrangement, understanding, relationship, or
otherwise--
(i) exercises substantial control over the
covered entity; or
(ii) owns or controls not less than 25
percent of the ownership interests of, or
receives substantial economic benefits from the
assets of, the covered entity.
(B) Exclusions.--The term ``beneficial owner'',
with respect to a covered entity, does not include--
(i) a minor;
(ii) a person acting as a nominee,
intermediary, custodian, or agent on behalf of
another person;
(iii) a person acting solely as an employee
of the covered entity and whose control over or
economic benefits from the covered entity
derives solely from the employment status of
the person;
(iv) a person whose only interest in the
covered entity is through a right of
inheritance, unless the person also meets the
requirements of subparagraph (A); or
(v) a creditor of the covered entity,
unless the creditor also meets the requirements
of subparagraph (A).
(C) Anti-abuse rule.--The exclusions under
subparagraph (B) shall not apply if, in the
determination of the Administrator, an exclusion is
used for the purpose of evading, circumventing, or
abusing the requirements of this Act.
(3) Control.--The term ``control'', with respect to a
covered entity, means--
(A) having the authority or ability to determine
how the covered entity is utilized; or
(B) having some decisionmaking power for the use of
the covered entity.
(4) Covered entity.--The term ``covered entity'' means--
(A) a person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group; or
(B) any governmental entity or instrumentality of a
government.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(6) Federal agency.--The term ``Federal agency'' means--
(A) an Executive agency; and
(B) any establishment in the legislative or
judicial branch of the Federal Government.
(7) Federal lessee.--
(A) In general.--The term ``Federal lessee''
means--
(i) the Administrator;
(ii) the Architect of the Capitol; and
(iii) the head of any other Federal agency
that has independent statutory leasing
authority.
(B) Exclusions.--The term ``Federal lessee'' does
not include--
(i) the head of an element of the
intelligence community; or
(ii) the Secretary of Defense.
(8) Federal tenant.--
(A) In general.--The term ``Federal tenant'' means
a Federal agency that is occupying or will occupy a
high-security leased space for which a lease agreement
has been secured on behalf of the Federal agency.
(B) Exclusion.--The term ``Federal tenant'' does
not include an element of the intelligence community.
(9) Foreign entity.--The term ``foreign entity'' means--
(A) a corporation, company, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group that is
headquartered in or organized under the laws of--
(i) a country that is not the United
States; or
(ii) a State, unit of local government, or
Indian Tribe that is not located within or a
territory of the United States; or
(B) a government or governmental instrumentality
that is not--
(i) the United States Government; or
(ii) a State, unit of local government, or
Indian Tribe that is located within or a
territory of the United States.
(10) Foreign person.--The term ``foreign person'' means an
individual who is not a United States person.
(11) High-security leased adjacent space.--The term ``high-
security leased adjacent space'' means a building or office
space that shares a boundary with or surrounds a high-security
leased space.
(12) High-security leased space.--The term ``high-security
leased space'' means a space leased by a Federal lessee that--
(A) will be occupied by Federal employees for
nonmilitary activities; and
(B) has a facility security level of III, IV, or V,
as determined by the Federal tenant in consultation
with the Interagency Security Committee, the Secretary
of Homeland Security, and the Administrator.
(13) Highest-level owner.--The term ``highest-level owner''
means an entity that owns or controls--
(A) an immediate owner of the offeror of a lease
for a high-security leased adjacent space; or
(B) 1 or more entities that control an immediate
owner of the offeror of a lease described in
subparagraph (A).
(14) Immediate owner.--The term ``immediate owner'' means
an entity, other than the offeror of a lease for a high-
security leased adjacent space, that has direct control of that
offeror, including--
(A) ownership or interlocking management;
(B) identity of interests among family members;
(C) shared facilities and equipment; and
(D) the common use of employees.
(15) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(16) Substantial economic benefits.--The term ``substantial
economic benefits'', with respect to a natural person described
in paragraph (2)(A)(ii), means having an entitlement to the
funds or assets of a covered entity that, as a practical
matter, enables the person, directly or indirectly, to control,
manage, or direct the covered entity.
(17) United states person.--The term ``United States
person'' means an individual who--
(A) is a citizen of the United States; or
(B) is an alien lawfully admitted for permanent
residence in the United States.
(b) Government-wide Study.--
(1) Coordination study.--The Administrator, in coordination
with the Director of the Federal Protective Service, the
Secretary of Homeland Security, the Director of the Office of
Management and Budget, and any other relevant entities, as
determined by the Administrator, shall carry out a Government-
wide study examining options to assist agencies (as defined in
section 551 of title 5, United States Code) to produce a
security assessment process for high-security leased adjacent
space before entering into a lease or novation agreement with a
covered entity for the purposes of accommodating a Federal
tenant located in a high-security leased space.
(2) Contents.--The study required under paragraph (1)--
(A) shall evaluate how to produce a security
assessment process that includes a process for
assessing the threat level of each occupancy of a high-
security leased adjacent space, including through--
(i) site-visits;
(ii) interviews; and
(iii) any other relevant activities
determined necessary by the Director of the
Federal Protective Service; and
(B) may include a process for collecting and using
information on each immediate owner, highest-level
owner, or beneficial owner of a covered entity that
seeks to enter into a lease with a Federal lessee for a
high-security leased adjacent space, including--
(i) name;
(ii) current residential or business street
address; and
(iii) an identifying number or document
that verifies identity as a United States
person, a foreign person, or a foreign entity.
(3) Working group.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Administrator, in
coordination with the Director of Federal Protective
Service, the Secretary of Homeland Security, the
Director of the Office of Management and Budget, and
any other relevant entities, as determined by the
Administrator, shall establish a working group to
assist in the carrying out of the study required under
paragraph (1).
(B) No compensation.--A member of the working group
established under subparagraph (A) shall receive no
compensation as a result of serving on the working
group.
(C) Sunset.--The working group established under
subparagraph (A) shall terminate on the date on which
the report required under paragraph (6) is submitted.
(4) Protection of information.--The Administrator shall
ensure that any information collected pursuant to the study
required under paragraph (1) shall not be made available to the
public.
(5) Limitation.--Nothing in this subsection requires an
entity located in the United States to provide information
requested pursuant to the study required under paragraph (1).
(6) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in coordination with
the Director of Federal Protective Service, the Secretary of
Homeland Security, the Director of the Office of Management and
Budget, and any other relevant entities, as determined by the
Administrator, shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing--
(A) the results of the study required under
paragraph (1); and
(B) how all applicable privacy laws and rights
relating to the First and Fourth Amendments to the
Constitution of the United States would be upheld and
followed in--
(i) the security assessment process
described in subparagraph (A) of paragraph (2);
and
(ii) the information collection process
described in subparagraph (B) of that
paragraph.
(7) Limitation.--Nothing in this subsection authorizes a
Federal entity to mandate information gathering unless
specifically authorized by law.
(8) Prohibition.--No information collected pursuant the
security assessment process described in paragraph (2)(A) may
be used for law enforcement purposes.
(9) No additional funding.--No additional funds are
authorized to be appropriated to carry out this subsection.
Subtitle B--Intergovernmental Critical Minerals Task Force
SEC. 11311. SHORT TITLE.
This subtitle may be cited as the ``Intergovernmental Critical
Minerals Task Force Act''.
SEC. 11312. FINDINGS.
Congress finds that--
(1) current supply chains of critical minerals pose a great
risk to the national security of the United States;
(2) critical minerals are necessary for transportation,
technology, renewable energy, military equipment and machinery,
and other relevant sectors crucial for the homeland and
national security of the United States;
(3) in 2022, the United States was 100 percent import
reliant for 12 out of 50 critical minerals and more than 50
percent import reliant for an additional 31 critical mineral
commodities classified as ``critical'' by the United States
Geological Survey, and the People's Republic of China was the
top producing nation for 30 of those 50 critical minerals;
(4) as of July, 2023, companies based in the People's
Republic of China that extract critical minerals around the
world have received hundreds of charges of human rights
violations;
(5) on March 26, 2014, the World Trade Organization ruled
that the export restraints by the People's Republic of China on
rare earth metals violated obligations under the protocol of
accession to the World Trade Organization, which harmed
manufacturers and workers in the United States; and
(6) the President has yet to submit to Congress the plans
and recommendations that were due on the December 27, 2022,
deadline under section 5(a) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604(a)), which are intended to support a coherent
national mineral and materials policy, including through
intergovernmental and interagency coordination.
SEC. 11313. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.
(a) In General.--Section 5 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is
amended by adding at the end the following:
``(g) Intergovernmental Critical Minerals Task Force.--
``(1) Purposes.--The purposes of the task force established
under paragraph (3)(B) are--
``(A) to assess the reliance of the United States
on the People's Republic of China, and other covered
countries, for critical minerals, and the resulting
national security risks associated with that reliance,
at each level of the Federal Government, Indian Tribes,
and State, local, and territorial governments;
``(B) to make recommendations to the President for
the implementation of this Act with regard to critical
minerals, including--
``(i) the congressional declarations of
policies in section 3; and
``(ii) revisions to the program plan of the
President and the initiatives required under
this section;
``(C) to make recommendations to secure United
States and global supply chains for critical minerals;
``(D) to make recommendations to reduce the
reliance of the United States, and partners and allies
of the United States, on critical mineral supply chains
involving covered countries; and
``(E) to facilitate cooperation, coordination, and
mutual accountability among each level of the Federal
Government, Indian Tribes, and State, local, and
territorial governments, on a holistic response to the
dependence on covered countries for critical minerals
across the United States.
``(2) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committees on Homeland Security
and Governmental Affairs, Energy and Natural
Resources, Armed Services, Environment and
Public Works, Commerce, Science, and
Transportation, Finance, and Foreign Relations
of the Senate; and
``(ii) the Committees on Oversight and
Accountability, Natural Resources, Armed
Services, Ways and Means, and Foreign Affairs
of the House of Representatives.
``(B) Chair.--The term `Chair' means a member of
the Executive Office of the President, designated by
the President pursuant to paragraph (3)(A).
``(C) Covered country.--The term `covered country'
means--
``(i) a covered nation (as defined in
section 4872(d) of title 10, United States
Code); and
``(ii) any other country determined by the
task force to be a geostrategic competitor or
adversary of the United States with respect to
critical minerals.
``(D) Critical mineral.--The term `critical
mineral' has the meaning given the term in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
``(E) Indian tribe.--The term `Indian Tribe' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(F) Task force.--The term `task force' means the
task force established under paragraph (3)(B).
``(3) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the President shall--
``(A) designate a Chair for the task force; and
``(B) acting through the Executive Office of the
President, establish a task force.
``(4) Composition; meetings.--
``(A) Appointment.--The Chair, in consultation with
key intergovernmental, private, and public sector
stakeholders, shall appoint to the task force
representatives with expertise in critical mineral
supply chains from Federal agencies, Indian Tribes, and
State, local, and territorial governments, including
not less than 1 representative from each of--
``(i) the Bureau of Indian Affairs;
``(ii) the Bureau of Land Management;
``(iii) the Critical Minerals Subcommittee
of the National Science and Technology Council;
``(iv) the Department of Agriculture;
``(v) the Department of Commerce;
``(vi) the Department of Defense;
``(vii) the Department of Energy;
``(viii) the Department of Homeland
Security;
``(ix) the Department of the Interior;
``(x) the Department of Labor;
``(xi) the Department of State;
``(xii) the Department of Transportation;
``(xiii) the Environmental Protection
Agency;
``(xiv) the Export-Import Bank of the
United States;
``(xv) the Forest Service;
``(xvi) the General Services
Administration;
``(xvii) the National Science Foundation;
``(xviii) the Office of the United States
Trade Representative;
``(xix) the United States International
Development Finance Corporation;
``(xx) the United States Geological Survey;
and
``(xxi) any other relevant Federal entity,
as determined by the Chair.
``(B) Consultation.--The task force shall consult
individuals with expertise in critical mineral supply
chains, individuals from States whose communities,
businesses, and industries are involved in aspects of
critical mineral supply chains, including mining and
processing operations, and individuals from a diverse
and balanced cross-section of--
``(i) intergovernmental consultees,
including--
``(I) State governments;
``(II) local governments;
``(III) territorial governments;
and
``(IV) Indian Tribes; and
``(ii) other stakeholders, including--
``(I) academic research
institutions;
``(II) corporations;
``(III) nonprofit organizations;
``(IV) private sector stakeholders;
``(V) trade associations;
``(VI) mining industry
stakeholders; and
``(VII) labor representatives.
``(C) Meetings.--
``(i) Initial meeting.--Not later than 90
days after the date on which all
representatives of the task force have been
appointed, the task force shall hold the first
meeting of the task force.
``(ii) Frequency.--The task force shall
meet not less than once every 90 days.
``(5) Duties.--
``(A) In general.--The duties of the task force
shall include--
``(i) facilitating cooperation,
coordination, and mutual accountability for the
Federal Government, Indian Tribes, and State,
local, and territorial governments to enhance
data sharing and transparency to build more
robust and secure domestic supply chains for
critical minerals in support of the purposes
described in paragraph (1);
``(ii) providing recommendations with
respect to--
``(I) increasing capacities for
mining, processing, refinement, reuse,
and recycling of critical minerals in
the United States to facilitate the
environmentally responsible production
of domestic resources to meet national
critical mineral needs, in consultation
with Tribal and local communities;
``(II) identifying how statutes,
regulations, and policies related to
the critical mineral supply chain, such
as stockpiling and development finance,
could be modified to accelerate
environmentally responsible domestic
and international production of
critical minerals, in consultation with
Indian Tribes and local communities;
``(III) strengthening the domestic
workforce to support growing critical
mineral supply chains with good-paying,
safe jobs in the United States;
``(IV) identifying alternative
domestic and global sources to critical
minerals that the United States
currently relies on the People's
Republic of China or other covered
countries for mining, processing,
refining, and recycling, including the
availability, cost, and quality of
those domestic alternatives;
``(V) identifying critical minerals
and critical mineral supply chains that
the United States can onshore, at a
competitive availability, cost, and
quality, for those minerals and supply
chains that the United States relies on
the People's Republic of China or other
covered countries to provide;
``(VI) opportunities for the
Federal Government, Indian Tribes, and
State, local, and territorial
governments to mitigate risks to the
national security of the United States
with respect to supply chains for
critical minerals that the United
States currently relies on the People's
Republic of China or other covered
countries for mining, processing,
refining, and recycling; and
``(VII) evaluating and integrating
the recommendations of the Critical
Minerals Subcommittee of the National
Science and Technology Council into the
recommendations of the task force.
``(iii) prioritizing the recommendations in
clause (ii), taking into consideration economic
costs and focusing on the critical mineral
supply chains with vulnerabilities posing the
most significant risks to the national security
of the United States;
``(iv) recommending specific strategies, to
be carried out in coordination with the
Secretary of State and the Secretary of
Commerce, to strengthen international
partnerships in furtherance of critical
minerals supply chain security with
international allies and partners, including a
strategy to collaborate with governments of the
allies and partners described in subparagraph
(B) to develop advanced mining, refining,
separation and processing technologies; and
``(v) other duties, as determined by the
Chair.
``(B) Allies and partners.--The allies and partners
referred to subparagraph (A) include--
``(i) countries participating in the
Quadrilateral Security Dialogue;
``(ii) countries that are--
``(I) signatories to the Abraham
Accords; or
``(II) participants in the Negev
Forum;
``(iii) countries that are members of the
North Atlantic Treaty Organization; and
``(iv) other countries or multilateral
partnerships the task force determines to be
appropriate.
``(C) Report.--The Chair shall--
``(i) not later than 60 days after the date
of enactment of this subsection, and every 60
days thereafter until the requirements under
subsection (a) are satisfied, brief the
appropriate committees of Congress on the
status of the compliance of the President with
completing the requirements under that
subsection.
``(ii) not later than 2 years after the
date of enactment of this Act, submit to the
appropriate committees of Congress a report,
which shall be submitted in unclassified form,
but may include a classified annex, that
describes any findings, guidelines, and
recommendations created in performing the
duties under subparagraph (A);
``(iii) not later than 120 days after the
date on which the Chair submits the report
under clause (ii), publish that report in the
Federal Register and on the website of the
Office of Management and Budget, except that
the Chair shall redact information from the
report that the Chair determines could pose a
risk to the national security of the United
States by being publicly available; and
``(iv) brief the appropriate committees of
Congress twice per year.
``(6) Sunset.--The task force shall terminate on the date
that is 90 days after the date on which the task force
completes the requirements under paragraph (5)(C).''.
(b) GAO Study.--
(1) Definition of critical minerals.--In this subsection,
the term ``critical mineral'' has the meaning given the term in
section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(2) Study required.--The Comptroller General of the United
States shall conduct a study examining the Federal and State
regulatory landscape related to improving domestic supply
chains for critical minerals in the United States.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
report that describes the results of the study under paragraph
(2).
Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program
Act of 2023
SEC. 11321. SHORT TITLE.
This subtitle may be cited as the ``Customs Trade Partnership
Against Terrorism Pilot Program Act of 2023'' or the ``CTPAT Pilot
Program Act of 2023''.
SEC. 11322. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of
the Senate; and
(B) the Committee on Homeland Security and the
Committee on Ways and Means of the House of
Representatives.
(2) Ctpat.--The term ``CTPAT'' means the Customs Trade
Partnership Against Terrorism established under subtitle B of
title II of the Security and Accountability for Every Port Act
(6 U.S.C. 961 et seq.).
SEC. 11323. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY LOGISTICS
PROVIDERS IN CTPAT.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
carry out a pilot program to assess whether allowing entities
described in subsection (b) to participate in CTPAT would
enhance port security, combat terrorism, prevent supply chain
security breaches, or otherwise meet the goals of CTPAT.
(2) Federal register notice.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
publish in the Federal Register a notice specifying the
requirements for the pilot program required by paragraph (1).
(b) Entities Described.--An entity described in this subsection
is--
(1) a non-asset-based third-party logistics provider that--
(A) arranges international transportation of
freight and is licensed by the Department of
Transportation; and
(B) meets such other requirements as the Secretary
specifies in the Federal Register notice required by
subsection (a)(2); or
(2) an asset-based third-party logistics provider that--
(A) facilitates cross border activity and is
licensed or bonded by the Federal Maritime Commission,
the Transportation Security Administration, U.S.
Customs and Border Protection, or the Department of
Transportation;
(B) manages and executes logistics services using
its own warehousing assets and resources on behalf of
its customers; and
(C) meets such other requirements as the Secretary
specifies in the Federal Register notice required by
subsection (a)(2).
(c) Requirements.--In carrying out the pilot program required by
subsection (a)(1), the Secretary shall--
(1) ensure that--
(A) not more than 10 entities described in
paragraph (1) of subsection (b) participate in the
pilot program; and
(B) not more than 10 entities described in
paragraph (2) of that subsection participate in the
program;
(2) provide for the participation of those entities on a
voluntary basis;
(3) continue the program for a period of not less than one
year after the date on which the Secretary publishes the
Federal Register notice required by subsection (a)(2); and
(4) terminate the pilot program not more than 5 years after
that date.
(d) Report Required.--Not later than 180 days after the termination
of the pilot program under subsection (c)(4), the Secretary shall
submit to the appropriate congressional committees a report on the
findings of, and any recommendations arising from, the pilot program
concerning the participation in CTPAT of entities described in
subsection (b), including an assessment of participation by those
entities.
SEC. 11324. REPORT ON EFFECTIVENESS OF CTPAT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report
assessing the effectiveness of CTPAT.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of--
(A) security incidents in the cargo supply chain
during the 5-year period preceding submission of the
report that involved criminal activity, including drug
trafficking, human smuggling, commercial fraud, or
terrorist activity; and
(B) whether those incidents involved participants
in CTPAT or entities not participating in CTPAT.
(2) An analysis of causes for the suspension or removal of
entities from participating in CTPAT as a result of security
incidents during that 5-year period.
(3) An analysis of the number of active CTPAT participants
involved in one or more security incidents while maintaining
their status as participants.
(4) Recommendations to the Commissioner of U.S. Customs and
Border Protection for improvements to CTPAT to improve
prevention of security incidents in the cargo supply chain
involving participants in CTPAT.
SEC. 11325. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated for the
purpose of carrying out this subtitle.
Subtitle D--Military Spouse Employment Act
SEC. 11331. SHORT TITLE.
This subtitle may be cited as the ``Military Spouse Employment
Act''.
SEC. 11332. APPOINTMENT OF MILITARY SPOUSES.
Section 3330d of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (3) as paragraph
(4);
(B) by inserting after paragraph (2) the following:
``(3) The term `remote work' refers to a particular type of
telework under which an employee is not expected to report to
an officially established agency location on a regular and
recurring basis.''; and
(C) by adding at the end the following:
``(5) The term `telework' has the meaning given the term in
section 6501.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of a member of the Armed Forces on active
duty, or a spouse of a disabled or deceased member of the Armed
Forces, to a position in which the spouse will engage in remote
work.''; and
(3) in subsection (c)(1), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(4)''.
SEC. 11333. GAO STUDY AND REPORT.
(a) Definitions.--In this section--
(1) the terms ``agency'' means an agency described in
paragraph (1) or (2) of section 901(b) of title 31, United
States Code;
(2) the term ``employee'' means an employee of an agency;
(3) the term ``remote work'' means a particular type of
telework under which an employee is not expected to report to
an officially established agency location on a regular and
recurring basis; and
(4) the term ``telework'' means a work flexibility
arrangement under which an employee performs the duties and
responsibilities of such employee's position, and other
authorized activities, from an approved worksite other than the
location from which the employee would otherwise work.
(b) Requirement.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and publish a report regarding the use of remote
work by agencies, which shall include a discussion of what is known
regarding--
(1) the number of employees who are engaging in remote
work;
(2) the role of remote work in agency recruitment and
retention efforts;
(3) the geographic location of employees who engage in
remote work;
(4) the effect that remote work has had on how often
employees are reporting to officially established agency
locations to perform the duties and responsibilities of the
positions of those employees and other authorized activities;
and
(5) how the use of remote work has affected Federal office
space utilization and spending.
Subtitle E--Designation of Airports
SEC. 11341. DESIGNATION OF ADDITIONAL PORT OF ENTRY FOR THE IMPORTATION
AND EXPORTATION OF WILDLIFE AND WILDLIFE PRODUCTS BY THE
UNITED STATES FISH AND WILDLIFE SERVICE.
(a) In General.--Subject to appropriations and in accordance with
subsection (b), the Director of the United States Fish and Wildlife
Service shall designate 1 additional port as a ``port of entry
designated for the importation and exportation of wildlife and wildlife
products'' under section 14.12 of title 50, Code of Federal
Regulations.
(b) Criteria for Selecting Additional Designated Port.--The
Director shall select the additional port to be designated pursuant to
subsection (a) from among the United States airports that handled more
than 8,000,000,000 pounds of cargo during 2021, as reported by the
Federal Aviation Administration Air Carrier Activity Information
System, and based upon the analysis submitted to Congress by the
Director pursuant to the Wildlife Trafficking reporting directive under
title I of Senate Report 114-281.
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2024''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging
technologies.
Sec. 302. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 303. In-State tuition rates for active duty members of the
intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security
Center.
Sec. 307. Prohibition relating to transport of individuals detained at
United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk
assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau
of Investigation Richmond, Virginia, field
office of certain document.
Sec. 311. Office of Intelligence and Analysis.
Subtitle B--Central Intelligence Agency
Sec. 321. Change to penalties and increased availability of mental
health treatment for unlawful conduct on
Central Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard
workplace sexual misconduct complaint
investigation procedure.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of
China.
Sec. 402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by
intelligence community working group for
monitoring the economic and technological
capabilities of the People's Republic of
China.
Sec. 404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of
China.
Sec. 405. Annual briefing on intelligence community efforts to identify
and mitigate Chinese Communist Party and
Russian foreign malign influence operations
against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Subtitle B--Other Foreign Countries
Sec. 411. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 501. Assignment of detailees from intelligence community to
Department of Commerce.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of
China.
Sec. 512. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
TITLE VI--WHISTLEBLOWER MATTERS
Sec. 601. Submittal to Congress of complaints and information by
whistleblowers in the intelligence
community.
Sec. 602. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Sec. 603. Establishing process parity for adverse security clearance
and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and
access determinations.
Sec. 605. Modification and repeal of reporting requirements.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.
Subtitle B--Sensible Classification Act of 2023
Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and
declassification.
Sec. 719. Studies and recommendations on necessity of security
clearances.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 801. Review of shared information technology services for
personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified
information solely because of past use of
cannabis.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries
to the brain.
Sec. 902. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling
of anomalous health incidents.
TITLE X--ELECTION SECURITY
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act
of 2023.
TITLE XI--OTHER MATTERS
Sec. 1101. Modification of reporting requirement for All-domain Anomaly
Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous
phenomena.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this
division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2024 the sum of
$658,950,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2024 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2024.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH EXPERIENCE
IN FINANCIAL INTELLIGENCE AND EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of human capital of the Central
Intelligence Agency, the National Security Agency, and the Federal
Bureau of Investigation, shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a plan for
the intelligence community to recruit, train, and retain personnel who
have skills and experience in financial intelligence and emerging
technologies in order to improve analytic tradecraft.
(b) Elements.--The plan required by subsection (a) shall include
the following elements:
(1) An assessment, including measurable benchmarks of
progress, of current initiatives of the intelligence community
to recruit, train, and retain personnel who have skills and
experience in financial intelligence and emerging technologies.
(2) An assessment of whether personnel in the intelligence
community who have such skills are currently well integrated
into the analytical cadre of the relevant elements of the
intelligence community that produce analyses with respect to
financial intelligence and emerging technologies.
(3) An identification of challenges to hiring or
compensation in the intelligence community that limit progress
toward rapidly increasing the number of personnel with such
skills, and an identification of hiring or other reforms to
resolve such challenges.
(4) A determination of whether the National Intelligence
University has the resources and expertise necessary to train
existing personnel in financial intelligence and emerging
technologies.
(5) A strategy, including measurable benchmarks of
progress, to, by January 1, 2025, increase by 10 percent the
analytical cadre of personnel with expertise and previous
employment in financial intelligence and emerging technologies.
SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF INTELLIGENCE
COMMUNITY WORKFORCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Secretary of Defense and the Director of the
Office of Personnel Management as the Director of National Intelligence
considers appropriate, develop and implement a policy and performance
framework to ensure the timely and effective mobility of employees and
contractors of the Federal Government who are transferring employment
between elements of the intelligence community.
(b) Elements.--The policy and performance framework required by
subsection (a) shall include processes with respect to the following:
(1) Human resources.
(2) Medical reviews.
(3) Determinations of suitability or eligibility for access
to classified information in accordance with Executive Order
13467 (50 U.S.C. 3161 note; relating to reforming processes
related to suitability for Government employment, fitness for
contractor employees, and eligibility for access to classified
national security information).
SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act of 1965
(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign
Service Families Act of 2021 (Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a member of the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) (other than a member of the Armed Forces of the United
States) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at each public institution of higher education in a State
that receives assistance under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) for the first period of enrollment at such
institution that begins after July 1, 2026.
SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTERINTELLIGENCE
VULNERABILITY ASSESSMENTS AND SURVEYS.
Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:
``(A) Counterintelligence vulnerability assessments
and surveys.--To develop standards, criteria, and
guidance for counterintelligence risk assessments and
surveys of the vulnerability of the United States to
intelligence threats, including with respect to
critical infrastructure and critical technologies, in
order to identify the areas, programs, and activities
that require protection from such threats.''.
SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT
RESTRICTIONS FOR INTELLIGENCE COMMUNITY.
Section 304 of the National Security Act of 1947 (50 U.S.C. 3073a)
is amended--
(1) in subsection (c)(1)--
(A) by striking ``A former'' and inserting the
following:
``(A) In general.--A former''; and
(B) by adding at the end the following:
``(B) Prior disclosure to director of national
intelligence.--
``(i) In general.--In the case of a former
employee who occupies a covered post-service
position in violation of subsection (a),
whether the former employee voluntarily
notified the Director of National Intelligence
of the intent of the former employee to occupy
such covered post-service position before
occupying such post-service position may be
used in determining whether the violation was
knowing and willful for purposes of
subparagraph (A).
``(ii) Procedures and guidance.--The
Director of National Intelligence may establish
procedures and guidance relating to the
submittal of notice for purposes of clause
(i).''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``the
restrictions under subsection (a) and'' before ``the
report requirements'';
(B) in paragraph (2), by striking ``ceases to
occupy'' and inserting ``occupies''; and
(C) in paragraph (3)(B), by striking ``before the
person ceases to occupy a covered intelligence
position'' and inserting ``when the person occupies a
covered intelligence position''.
SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY
CENTER.
(a) In General.--Section 904 of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3383) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Mission.--The mission of the National Counterintelligence and
Security Center shall include organizing and leading strategic planning
for counterintelligence activities of the United States Government by
integrating instruments of national power as needed to counter foreign
intelligence activities.''.
(b) Conforming Amendments.--
(1) Counterintelligence enhancement act of 2002.--Section
904 of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3383) is amended--
(A) in subsection (e), as redesignated by
subsection (a)(1), by striking ``Subject to subsection
(e)'' both places it appears and inserting ``Subject to
subsection (f)''; and
(B) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking
``subsection (d)(1)'' and inserting
``subsection (e)(1)''; and
(ii) in paragraph (2), by striking
``subsection (d)(2)'' and inserting
``subsection (e)(2)''.
(2) Counterintelligence and security enhancements act of
1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence and
Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii))
is amended by striking ``section 904(d)(2) of that Act (50
U.S.C. 3383(d)(2))'' and inserting ``section 904(e)(2) of that
Act (50 U.S.C. 3383(e)(2))''.
SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Definition of Individual Detained at Guantanamo.--In this
section, the term ``individual detained at Guantanamo'' has the meaning
given that term in section 1034(f)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
971; 10 U.S.C. 801 note).
(b) Prohibition on Chartering Private or Commercial Aircraft to
Transport Individuals Detained at United States Naval Station,
Guantanamo Bay, Cuba.--No head of an element of the intelligence
community may charter any private or commercial aircraft to transport
an individual who is or was an individual detained at Guantanamo.
SEC. 308. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY RISK ASSESSMENTS.
(a) Definitions.--In this section:
(1) Country of risk.--
(A) In general.--The term ``country of risk'' means
a foreign country determined by the Secretary, in
accordance with subparagraph (B), to present a risk of
theft of United States intellectual property or a
threat to the national security of the United States if
nationals of the country, or entities owned or
controlled by the country or nationals of the country,
participate in any research, development,
demonstration, or deployment activity authorized under
this Act or an amendment made by this Act.
(B) Determination.--In making a determination under
subparagraph (A), the Secretary, in coordination with
the Director of the Office of Intelligence and
Counterintelligence, shall take into consideration--
(i) the most recent World Wide Threat
Assessment of the United States Intelligence
Community, prepared by the Director of National
Intelligence; and
(ii) the most recent National
Counterintelligence Strategy of the United
States.
(2) Covered support.--The term ``covered support'' means
any grant, contract, subcontract, award, loan, program,
support, or other activity authorized under this Act or an
amendment made by this Act.
(3) Entity of concern.--The term ``entity of concern''
means any entity, including a national, that is--
(A) identified under section 1237(b) of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (50 U.S.C. 1701 note; Public Law 105-261);
(B) identified under section 1260H of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law
116-283);
(C) on the Entity List maintained by the Bureau of
Industry and Security of the Department of Commerce and
set forth in Supplement No. 4 to part 744 of title 15,
Code of Federal Regulations;
(D) included in the list required by section
9(b)(3) of the Uyghur Human Rights Policy Act of 2020
(Public Law 116-145; 134 Stat. 656); or
(E) identified by the Secretary, in coordination
with the Director of the Office of Intelligence and
Counterintelligence and the applicable office that
would provide, or is providing, covered support, as
posing an unmanageable threat--
(i) to the national security of the United
States; or
(ii) of theft or loss of United States
intellectual property.
(4) National.--The term ``national'' has the meaning given
the term in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Science and Technology Risk Assessment.--
(1) In general.--The Secretary shall develop and maintain
tools and processes to manage and mitigate research security
risks, such as a science and technology risk matrix, informed
by threats identified by the Director of the Office of
Intelligence and Counterintelligence, to facilitate
determinations of the risk of loss of United States
intellectual property or threat to the national security of the
United States posed by activities carried out under any covered
support.
(2) Content and implementation.--In developing and using
the tools and processes developed under paragraph (1), the
Secretary shall--
(A) deploy risk-based approaches to evaluating,
awarding, and managing certain research, development,
demonstration, and deployment activities, including
designations that will indicate the relative risk of
activities;
(B) assess, to the extent practicable, ongoing
high-risk activities;
(C) designate an officer or employee of the
Department of Energy to be responsible for tracking and
notifying recipients of any covered support of
unmanageable threats to United States national security
or of theft or loss of United States intellectual
property posed by an entity of concern;
(D) consider requiring recipients of covered
support to implement additional research security
mitigations for higher-risk activities if appropriate;
and
(E) support the development of research security
training for recipients of covered support on the risks
posed by entities of concern.
(3) Annual updates.--The tools and processes developed
under paragraph (1) shall be evaluated annually and updated as
needed, with threat-informed input from the Office of
Intelligence and Counterintelligence, to reflect changes in the
risk designation under paragraph (2)(A) of research,
development, demonstration, and deployment activities conducted
by the Department of Energy.
(c) Entity of Concern.--
(1) Prohibition.--Except as provided in paragraph (2), no
entity of concern, or individual that owns or controls, is
owned or controlled by, or is under common ownership or control
with an entity of concern, may receive, or perform work under,
any covered support.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the
prohibition under paragraph (1) if determined by the
Secretary to be in the national interest.
(B) Notification to congress.--Not less than 2
weeks prior to issuing a waiver under subparagraph (A),
the Secretary shall notify Congress of the intent to
issue the waiver, including a justification for the
waiver.
(3) Penalty.--
(A) Termination of support.--On finding that any
entity of concern or individual described in paragraph
(1) has received covered support and has not received a
waiver under paragraph (2), the Secretary shall
terminate all covered support to that entity of concern
or individual, as applicable.
(B) Penalties.--An entity of concern or individual
identified under subparagraph (A) shall be--
(i) prohibited from receiving or
participating in covered support for a period
of not less than 1 year but not more than 10
years, as determined by the Secretary; or
(ii) instead of the penalty described in
clause (i), subject to any other penalties
authorized under applicable law or regulations
that the Secretary determines to be in the
national interest.
(C) Notification to congress.--Prior to imposing a
penalty under subparagraph (B), the Secretary shall
notify Congress of the intent to impose the penalty,
including a description of and justification for the
penalty.
(4) Coordination.--The Secretary shall--
(A) share information about the unmanageable
threats described in subsection (a)(3)(E) with other
Federal agencies; and
(B) develop consistent approaches to identifying
entities of concern.
(d) International Agreements.--This section shall be applied in a
manner consistent with the obligations of the United States under
international agreements.
(e) Report Required.--Not later than 240 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that--
(1) describes--
(A) the tools and processes developed under
subsection (b)(1) and any updates to those tools and
processes; and
(B) if applicable, the science and technology risk
matrix developed under that subsection and how that
matrix has been applied;
(2) includes a mitigation plan for managing risks posed by
countries of risk with respect to future or ongoing research
and development activities of the Department of Energy; and
(3) defines critical research areas, designated by risk, as
determined by the Secretary.
SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY RISK
ASSESSMENTS.
(a) Risk Assessment Documents and Materials.--Except as provided in
subsection (b), whenever an element of the intelligence community
conducts a risk assessment arising from the mishandling or improper
disclosure of classified information, the Director of National
Intelligence shall, not later than 30 days after the date of the
commencement of such risk assessment--
(1) submit to the congressional intelligence committees
copies of such documents and materials as are--
(A) within the jurisdiction of such committees; and
(B) subject to the risk assessment; and
(2) provide such committees a briefing on such documents,
materials, and risk assessment.
(b) Exception.--If the Director determines, with respect to a risk
assessment described in subsection (a), that the documents and other
materials otherwise subject to paragraph (1) of such subsection (a) are
of such a volume that submittal pursuant to such paragraph would be
impracticable, the Director shall--
(1) in lieu of submitting copies of such documents and
materials, submit a log of such documents and materials; and
(2) pursuant to a request by the Select Committee on
Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives for a copy of a
document or material included in such log, submit to such
committee such copy.
SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY FEDERAL BUREAU
OF INVESTIGATION RICHMOND, VIRGINIA, FIELD OFFICE OF
CERTAIN DOCUMENT.
(a) Review Required.--Not later than 120 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall conduct a review of the actions and events, including any
underlying policy direction, that served as a basis for the January 23,
2023, dissemination by the field office of the Federal Bureau of
Investigation located in Richmond, Virginia, of a document titled
``Interest of Racially or Ethnically Motivated Violent Extremists in
Radical-Traditionalist Catholic Ideology Almost Certainly Presents New
Mitigation Opportunities.''.
(b) Submittal to Congress.--The Inspector General of the Department
of Justice shall submit the findings of the Inspector General with
respect to the review required by subsection (a) to the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary, Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate.
(3) The Committee on the Judiciary, the Committee on
Oversight and Accountability, and the Committee on
Appropriations of the House of Representatives.
SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.
Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is
amended by adding at the end the following:
``(h) Prohibition.--
``(1) Definition.--In this subsection, the term `United
States person' means a United States citizen, an alien known by
the Office of Intelligence and Analysis to be a permanent
resident alien, an unincorporated association substantially
composed of United States citizens or permanent resident
aliens, or a corporation incorporated in the United States,
except for a corporation directed and controlled by 1 or more
foreign governments.
``(2) Collection of information from united states
persons.--
``(A) In general.--Notwithstanding any other
provision of law, the Office of Intelligence and
Analysis may not engage in the collection of
information or intelligence targeting any United States
person except as provided in subparagraph (B).
``(B) Exception.--Subparagraph (A) shall not apply
to any employee, officer, or contractor of the Office
of Intelligence and Analysis who is responsible for
collecting information from individuals working for a
State, local, or Tribal territory government or a
private employer.''.
Subtitle B--Central Intelligence Agency
SEC. 321. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF MENTAL
HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON CENTRAL
INTELLIGENCE AGENCY INSTALLATIONS.
Section 15(b) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3515(b)) is amended, in the second sentence, by striking ``those
specified in section 1315(c)(2) of title 40, United States Code'' and
inserting ``the maximum penalty authorized for a Class B misdemeanor
under section 3559 of title 18, United States Code''.
SEC. 322. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3503) is amended--
(1) in subsection (a), by striking ``sections'' and all
that follows through ``session)'' and inserting ``sections
3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through
3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title
10, United States Code'' and
(2) in subsection (d), by striking ``in paragraphs'' and
all that follows through ``1947'' and inserting ``in sections
3201 through 3204 of title 10, United States Code, shall not be
delegable. Each determination or decision required by sections
3201 through 3204, 3321 through 3323, and 3841 of title 10,
United States Code''.
SEC. 323. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY STANDARD
WORKPLACE SEXUAL MISCONDUCT COMPLAINT INVESTIGATION
PROCEDURE.
(a) Workplace Sexual Misconduct Defined.--The term ``workplace
sexual misconduct''--
(1) means unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
when--
(A) submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual's employment;
(B) submission to or rejection of such conduct by
an individual is used as the basis for employment
decisions affecting such individual; or
(C) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile, or
offensive working environment; and
(2) includes sexual harassment and sexual assault.
(b) Standard Complaint Investigation Procedure.--Not later than 90
days after the date of the enactment of this Act, the Director of the
Central Intelligence Agency shall--
(1) establish a standard workplace sexual misconduct
complaint investigation procedure;
(2) implement the standard workplace sexual misconduct
complaint investigation procedure through clear workforce
communication and education on the procedure; and
(3) submit the standard workplace sexual misconduct
complaint investigation procedure to the congressional
intelligence committees.
(c) Minimum Requirements.--The procedure established pursuant to
subsection (b)(1) shall, at a minimum--
(1) identify the individuals and offices of the Central
Intelligence Agency to which an employee of the Agency may
bring a complaint of workplace sexual misconduct;
(2) detail the steps each individual or office identified
pursuant to paragraph (1) shall take upon receipt of a
complaint of workplace sexual misconduct and the timeframes
within which those steps shall be taken, including--
(A) documentation of the complaint;
(B) referral or notification to another individual
or office;
(C) measures to document or preserve witness
statements or other evidence; and
(D) preliminary investigation of the complaint;
(3) set forth standard criteria for determining whether a
complaint of workplace sexual misconduct will be referred to
law enforcement and the timeframe within which such a referral
shall occur; and
(4) for any complaint not referred to law enforcement, set
forth standard criteria for determining--
(A) whether a complaint has been substantiated; and
(B) for any substantiated complaint, the
appropriate disciplinary action.
(d) Annual Reports.--On or before April 30 of each year, the
Director shall submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives an annual report that
includes, for the preceding calendar year, the following:
(1) The number of workplace sexual misconduct complaints
brought to each individual or office of the Central
Intelligence Agency identified pursuant to subsection (c)(1),
disaggregated by--
(A) complaints referred to law enforcement; and
(B) complaints substantiated.
(2) For each complaint described in paragraph (1) that is
substantiated, a description of the disciplinary action taken
by the Director.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR ACCOUNTABILITY OF
ATROCITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Atrocity.--The term ``atrocity'' means a crime against
humanity, genocide, or a war crime.
(2) Foreign person.--The term ``foreign person'' means--
(A) any person or entity that is not a United
States person; or
(B) any entity not organized under the laws of the
United States or of any jurisdiction within the United
States.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Accountability of
Atrocities of the People's Republic of China.--
(1) Designation.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall designate a senior official of the Office of
the Director of National Intelligence to serve as the
intelligence community coordinator for accountability of
atrocities of the People's Republic of China (in this section
referred to as the ``Coordinator'').
(2) Duties.--The Coordinator shall lead the efforts of and
coordinate and collaborate with the intelligence community with
respect to the following:
(A) Identifying and addressing any gaps in
intelligence collection relating to atrocities of the
People's Republic of China, including by recommending
the modification of the priorities of the intelligence
community with respect to intelligence collection and
by utilizing informal processes and collaborative
mechanisms with key elements of the intelligence
community to increase collection on atrocities of the
People's Republic of China.
(B) Prioritizing and expanding the intelligence
analysis with respect to ongoing atrocities of the
People's Republic of China and disseminating within the
United States Government intelligence relating to the
identification and activities of foreign persons
suspected of being involved with or providing support
to atrocities of the People's Republic of China,
including genocide and forced labor practices in
Xinjiang, in order to support the efforts of other
Federal agencies, including the Department of State,
the Department of Justice, the Department of the
Treasury, the Office of Foreign Assets Control, the
Department of Commerce, the Bureau of Industry and
Security, U.S. Customs and Border Protection, and the
National Security Council, to hold the People's
Republic of China accountable for such atrocities.
(C) Increasing efforts to declassify and share with
the people of the United States and the international
community information regarding atrocities of the
People's Republic of China in order to expose such
atrocities and counter the disinformation and
misinformation campaign by the People's Republic of
China to deny such atrocities.
(D) Documenting and storing intelligence and other
unclassified information that may be relevant to
preserve as evidence of atrocities of the People's
Republic of China for future accountability, and
ensuring that other relevant Federal agencies receive
appropriate support from the intelligence community
with respect to the collection, analysis, preservation,
and, as appropriate, dissemination, of intelligence
related to atrocities of the People's Republic of
China, which may include the information from the
annual report required by section 6504 of the
Intelligence Authorization Act for Fiscal Year 2023
(Public Law 117-263).
(E) Sharing information with the Forced Labor
Enforcement Task Force, established under section 741
of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4681), the Department of
Commerce, and the Department of the Treasury for the
purposes of entity listings and sanctions.
(3) Plan required.--Not later than 120 days after the date
of the enactment of this Act, the Director shall submit to the
appropriate committees of Congress--
(A) the name of the official designated as the
Coordinator pursuant to paragraph (1); and
(B) the strategy of the intelligence community for
the collection and dissemination of intelligence
relating to ongoing atrocities of the People's Republic
of China, including a detailed description of how the
Coordinator shall support, and assist in facilitating
the implementation of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2024,
and annually thereafter until May 1, 2034, the Director
shall submit to Congress a report detailing, for the
year covered by the report--
(i) the analytical findings, changes in
collection, and other activities of the
intelligence community with respect to ongoing
atrocities of the People's Republic of China;
(ii) the recipients of information shared
pursuant to this section for the purpose of--
(I) providing support to Federal
agencies to hold the People's Republic
of China accountable for such
atrocities; and
(II) sharing information with the
people of the United States to counter
the disinformation and misinformation
campaign by the People's Republic of
China to deny such atrocities; and
(iii) with respect to clause (ii), the date
of any such sharing.
(B) Form.--Each report submitted under subparagraph
(A) may be submitted in classified form, consistent
with the protection of intelligence sources and
methods.
(c) Sunset.--This section shall cease to have effect on the date
that is 10 years after the date of the enactment of this Act.
SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN EFFORTS OF
THE PEOPLE'S REPUBLIC OF CHINA IN AFRICA.
(a) Establishment.--
(1) In general.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
establish an interagency working group within the intelligence
community to analyze the tactics and capabilities of the
People's Republic of China in Africa.
(2) Establishment flexibility.--The working group
established under paragraph (1) may be--
(A) independently established; or
(B) to avoid redundancy, incorporated into existing
working groups or cross-intelligence efforts within the
intelligence community.
(b) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not later than 120 days after the date of
the enactment of this Act, and twice annually thereafter, the
working group established under subsection (a) shall submit to
the appropriate committees of Congress a report on the specific
tactics and capabilities of the People's Republic of China in
Africa.
(3) Elements.--Each report required by paragraph (2) shall
include the following elements:
(A) An assessment of efforts by the Government of
the People's Republic of China to exploit mining and
reprocessing operations in Africa.
(B) An assessment of efforts by the Government of
the People's Republic of China to provide or fund
technologies in Africa, including--
(i) telecommunications and energy
technologies, such as advanced reactors,
transportation, and other commercial products;
and
(ii) by requiring that the People's
Republic of China be the sole provider of such
technologies.
(C) An assessment of efforts by the Government of
the People's Republic of China to expand intelligence
capabilities in Africa.
(D) A description of actions taken by the
intelligence community to counter such efforts.
(E) An assessment of additional resources needed by
the intelligence community to better counter such
efforts.
(4) Form.--Each report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(c) Sunset.--The requirements of this section shall terminate on
the date that is 5 years after the date of the enactment of this Act.
SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY
INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE
ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
Section 6503(c)(3)(D) of the Intelligence Authorization Act for
Fiscal Year 2023 (division F of Public Law 117-263) is amended by
striking ``the top 200'' and inserting ``all the known''.
SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP BETWEEN THE
UNITED STATES AND THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary of State for
Intelligence and Research, in consultation with the Director of
National Intelligence and such other heads of elements of the
intelligence community as the Assistant Secretary considers relevant,
shall submit to Congress the following:
(1) A comprehensive assessment that identifies critical
areas in the security, diplomatic, economic, financial,
technological, scientific, commercial, academic, and cultural
spheres in which the United States does not enjoy a reciprocal
relationship with the People's Republic of China.
(2) A comprehensive assessment that describes how the lack
of reciprocity between the People's Republic of China and the
United States in the areas identified in the assessment
required by paragraph (1) provides advantages to the People's
Republic of China.
(b) Form of Assessments.--
(1) Critical areas.--The assessment required by subsection
(a)(1) shall be submitted in unclassified form.
(2) Advantages.--The assessment required by subsection
(a)(2) shall be submitted in classified form.
SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS TO IDENTIFY
AND MITIGATE CHINESE COMMUNIST PARTY AND RUSSIAN FOREIGN
MALIGN INFLUENCE OPERATIONS AGAINST THE UNITED STATES.
(a) Definitions.--In this section:
(1) Chinese entities engaged in foreign malign influence
operations.--The term ``hinese entities engaged in foreign
malign influence operations'' means all of the elements of the
Government of the People's Republic of China and the Chinese
Communist Party involved in foreign malign influence, such as--
(A) the Ministry of State Security;
(B) other security services of the People's
Republic of China;
(C) the intelligence services of the People's
Republic of China;
(D) the United Front Work Department and other
united front organs;
(E) state-controlled media systems, such as the
China Global Television Network (CGTN); and
(F) any entity involved in foreign malign influence
operations that demonstrably and intentionally
disseminate false information and propaganda of the
Government of the People's Republic of China or the
Chinese Communist Party.
(2) Russian malign influence actors.--The term ``Russian
malign influence actors'' refers to entities or individuals
engaged in foreign malign influence operations against the
United States who are affiliated with--
(A) the intelligence and security services of the
Russian Federation
(B) the Presidential Administration;
(C) any other entity of the Government of the
Russian Federation; or
(D) Russian mercenary or proxy groups such as the
Wagner Group.
(3) Foreign malign influence operation.--The term ``foreign
malign influence operation'' means a coordinated and often
concealed activity that is covered by the definition of the
term ``foreign malign influence'' in section 119C of the
National Security Act of 1947 (50 U.S.C. 3059) and uses
disinformation, press manipulation, economic coercion, targeted
investments, corruption, or academic censorship, which are
often intended--
(A) to coerce and corrupt United States interests,
values, institutions, or individuals; and
(B) to foster attitudes, behavior, decisions, or
outcomes in the United States that support the
interests of the Government of the People's Republic of
China or the Chinese Communist Party.
(b) Briefing Required.--Not later than 120 days after the date of
the enactment of this Act and annually thereafter until the date that
is 5 years after the date of the enactment of this Act, the Director of
the Foreign Malign Influence Center shall, in collaboration with the
heads of the elements of the intelligence community, provide Congress a
classified briefing on the ways in which the relevant elements of the
intelligence community are working internally and coordinating across
the intelligence community to identify and mitigate the actions of
Chinese and Russian entities engaged in foreign malign influence
operations against the United States, including against United States
persons.
(c) Elements.--The classified briefing required by subsection (b)
shall cover the following:
(1) The Government of the Russian Federation, the
Government of the People's Republic of China, and the Chinese
Communist Party tactics, tools, and entities that spread
disinformation, misinformation, and malign information and
conduct influence operations, information campaigns, or other
propaganda efforts.
(2) A description of ongoing foreign malign influence
operations and campaigns of the Russian Federation against the
United States and an assessment of their objectives and
effectiveness in meeting those objectives.
(3) A description of ongoing foreign malign influence
operations and campaigns of the People's Republic of China
against the United States and an assessment of their objectives
and effectiveness in meeting those objectives.
(4) A description of any cooperation, information-sharing,
amplification, or other coordination between the Russian
Federation and the People's Republic of China in developing or
carrying out foreign malign influence operations against the
United States.
(5) A description of front organizations, proxies, cut-
outs, aligned third-party countries, or organizations used by
the Russian Federation or the People's Republic of China to
carry out foreign malign influence operations against the
United States.
(6) An assessment of the loopholes or vulnerabilities in
United States law that Russia and the People's Republic of
China exploit to carry out foreign malign influence operations.
(7) The actions of the Foreign Malign Influence Center, in
coordination with the Global Engagement Center, relating to
early-warning, information sharing, and proactive risk
mitigation systems, based on the list of entities identified in
subsection (a)(1), to detect, expose, deter, and counter
foreign malign influence operations of the Government of the
People's Republic of China or the Chinese Communist Party
against the United States.
(8) The actions of the Foreign Malign Influence Center to
conduct outreach, to identify and counter tactics, tools, and
entities described in paragraph (1) by sharing information with
allies and partners of the United States, in coordination with
the Global Engagement Center, as well as State and local
governments, the business community, and civil society in order
to expose the political influence operations and information
operations of the Government of the Russian Federation and the
Government of the People's Republic of China or the Chinese
Communist Party carried out against individuals and entities in
the United States.
SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS BY CRANES
MANUFACTURED BY COUNTRIES OF CONCERN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Banking, Housing, and Urban Affairs, and
the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee
on Oversight and Accountability, the Committee on
Financial Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives.
(2) Country of concern.--The term ``country of concern''
has the meaning given that term in section 1(m)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m)(1)).
(b) Assessment.--The Director of National Intelligence, in
coordination with such other heads of the elements of the intelligence
community as the Director considers appropriate and the Secretary of
Defense, shall conduct an assessment of the threat posed to United
States ports by cranes manufactured by countries of concern and
commercial entities of those countries, including the Shanghai Zhenhua
Heavy Industries Co. (ZPMC).
(c) Report and Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit a report and provide a briefing to
the appropriate committees of Congress on the findings of the
assessment required by subsection (b).
(2) Elements.--The report and briefing required by
paragraph (1) shall outline the potential for the cranes
described in subsection (b) to collect intelligence, disrupt
operations at United States ports, and impact the national
security of the United States.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle B--Other Foreign Countries
SEC. 411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES
CITIZENS AS HOSTAGES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Subcommittee on Defense of the Committee
on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on efforts by
the Maduro regime in Venezuela to detain United States citizens and
lawful permanent residents.
(c) Elements.--The report required by subsection (b) shall include,
regarding the arrest, capture, detainment, or imprisonment of United
States citizens and lawful permanent residents, the following:
(1) The names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities.
(2) A description of any role played by transnational
criminal organizations, and an identification of such
organizations.
(3) Where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been lured
to Venezuela.
(4) An analysis of the motive for the arrest, capture,
detainment, or imprisonment of United States citizens and
lawful permanent residents.
(5) The total number of United States citizens and lawful
permanent residents detained or imprisoned in Venezuela as of
the date on which the report is submitted.
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 412. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN NATIONAL
INTELLIGENCE PRIORITIES FRAMEWORK.
It is the sense of Congress that the trafficking of illicit
fentanyl, including precursor chemicals and manufacturing equipment
associated with illicit fentanyl production and organizations that
traffic or finance the trafficking of illicit fentanyl, originating
from the People's Republic of China and Mexico should be among the
highest priorities in the National Intelligence Priorities Framework of
the Office of the Director of National Intelligence.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
SEC. 501. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY TO
DEPARTMENT OF COMMERCE.
(a) Authority.--In order to better facilitate the sharing of
actionable intelligence on foreign adversary intent, capabilities,
threats, and operations that pose a threat to the interests or security
of the United States, particularly as they relate to the procurement,
development, and use of dual-use and emerging technologies, the
Director of National Intelligence may assign or facilitate the
assignment of members from across the intelligence community to serve
as detailees to the Bureau of Industry and Security of the Department
of Commerce.
(b) Assignment.--Detailees assigned pursuant to subsection (a)
shall be drawn from such elements of the intelligence community as the
Director considers appropriate, in consultation with the Secretary of
Commerce.
(c) Expertise.--The Director shall ensure that detailees assigned
pursuant to subsection (a) have subject matter expertise on countries
of concern, including China, Iran, North Korea, and Russia, as well as
functional areas such as illicit procurement, counterproliferation,
emerging and foundational technology, economic and financial
intelligence, information and communications technology systems, supply
chain vulnerability, and counterintelligence.
(d) Duty Credit.--The detail of an employee of the intelligence
community to the Department of Commerce under subsection (a) shall be
without interruption or loss of civil service status or privilege.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND TECHNOLOGICAL
CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal
Year 2023 (Public Law 117-263) is amended by adding at the end the
following:
``(I) A detailed assessment, prepared in
consultation with all elements of the working group--
``(i) of the investments made by the
People's Republic of China in--
``(I) artificial intelligence;
``(II) next-generation energy
technologies, especially small modular
reactors and advanced batteries; and
``(III) biotechnology; and
``(ii) that identifies--
``(I) competitive practices of the
People's Republic of China relating to
the technologies described in clause
(i);
``(II) opportunities to counter the
practices described in subclause (I);
``(III) countries the People's
Republic of China is targeting for
exports of civil nuclear technology;
``(IV) countries best positioned to
utilize civil nuclear technologies from
the United States in order to
facilitate the commercial export of
those technologies;
``(V) United States vulnerabilities
in the supply chain of these
technologies; and
``(VI) opportunities to counter the
export by the People's Republic of
China of civil nuclear technologies
globally.
``(J) An identification and assessment of any unmet
resource or authority needs of the working group that
affect the ability of the working group to carry out
this section.''.
SEC. 512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR INTELLIGENCE
COMMUNITY CAPABILITIES.
(a) Assessment Required.--The Director of National Intelligence
shall, in consultation with the heads of such other elements of the
intelligence community as the Director considers appropriate, conduct
an assessment of capabilities identified by the Intelligence Community
Continuity Program established pursuant to section E(3) of Intelligence
Community Directive 118, or any successor directive, or such other
intelligence community facilities or intelligence community
capabilities as may be determined by the Director to be critical to
United States national security, that have unique energy needs--
(1) to ascertain the feasibility and advisability of using
civil nuclear reactors to meet such needs; and
(2) to identify such additional resources, technologies,
infrastructure, or authorities needed, or other potential
obstacles, to commence use of a nuclear reactor to meet such
needs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees, the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate,
and the Committee on Oversight and Accountability and the Committee on
Appropriations of the House of Representatives a report, which may be
in classified form, on the findings of the Director with respect to the
assessment conducted pursuant to subsection (a).
SEC. 513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL INTELLIGENCE FOR
ARTIFICIAL INTELLIGENCE CAPABILITIES.
(a) In General.--Section 6702 of the Intelligence Authorization Act
for Fiscal Year 2023 (50 U.S.C. 3334m) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting ``subsection
(c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Policies.--
``(1) In general.--In carrying out subsection (a)(1), not
later than 1 year after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2024, the
Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community, the
Director of the Office of Management and Budget, and such other
officials as the Director of National Intelligence determines
appropriate, shall establish the policies described in
paragraph (2).
``(2) Policies described.--The policies described in this
paragraph are policies for the acquisition, adoption,
development, use, coordination, and maintenance of artificial
intelligence capabilities that--
``(A) establish a lexicon relating to the use of
machine learning and artificial intelligence developed
or acquired by elements of the intelligence community;
``(B) establish guidelines for evaluating the
performance of models developed or acquired by elements
of the intelligence community, such as by--
``(i) specifying conditions for the
continuous monitoring of artificial
intelligence capabilities for performance,
including the conditions for retraining or
retiring models based on performance;
``(ii) documenting performance objectives,
including specifying how performance objectives
shall be developed and contractually enforced
for capabilities procured from third parties;
``(iii) specifying the manner in which
models should be audited, as necessary,
including the types of documentation that
should be provided to any auditor; and
``(iv) specifying conditions under which
models used by elements of the intelligence
community should be subject to testing and
evaluation for vulnerabilities to techniques
meant to undermine the availability, integrity,
or privacy of an artificial intelligence
capability;
``(C) establish guidelines for tracking
dependencies in adjacent systems, capabilities, or
processes impacted by the retraining or sunsetting of
any model described in subparagraph (B);
``(D) establish documentation requirements for
capabilities procured from third parties, aligning such
requirements, as necessary, with existing documentation
requirements applicable to capabilities developed by
elements of the intelligence community;
``(E) establish standards for the documentation of
imputed, augmented, or synthetic data used to train any
model developed, procured, or used by an element of the
intelligence community; and
``(F) provide guidance on the acquisition and usage
of models that have previously been trained by a third
party for subsequent modification and usage by such an
element.
``(3) Policy review and revision.--The Director of National
Intelligence shall periodically review and revise each policy
established under paragraph (1).''.
(b) Conforming Amendment.--Section 6712(b)(1) of such Act (50
U.S.C. 3024 note) is amended by striking ``section 6702(b)'' and
inserting ``section 6702(c)''.
TITLE VI--WHISTLEBLOWER MATTERS
SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION BY
WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY.
(a) Amendments to Chapter 4 of Title 5.--
(1) Appointment of security officers.--Section 416 of title
5, United States Code, is amended by adding at the end the
following:
``(i) Appointment of Security Officers.--Each Inspector General
under this section, including the designees of the Inspector General of
the Department of Defense pursuant to subsection (b)(3), shall appoint
within their offices security officers to provide, on a permanent
basis, confidential, security-related guidance and direction to
employees and contractors described in subsection (b)(1) who intend to
report to Congress complaints or information, so that such employees
and contractors can obtain direction on how to report to Congress in
accordance with appropriate security practices.''.
(2) Procedures.--Subsection (e) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
intelligence committees'';
(B) by amending paragraph (2) to read as follows:
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), the employee may contact an
intelligence committee or another committee of
jurisdiction directly as described in paragraph (1) of
this subsection or in subsection (b)(4) only if the
employee--
``(i) before making such a contact,
furnishes to the head of the establishment,
through the Inspector General (or designee), a
statement of the employee's complaint or
information and notice of the employee's intent
to contact an intelligence committee or another
committee of jurisdiction of the Senate or the
House of Representatives directly; and
``(ii)(I) obtains and follows, from the
head of the establishment, through the
Inspector General (or designee), procedural
direction on how to contact an intelligence
committee or another committee of jurisdiction
of the Senate or the House of Representatives
in accordance with appropriate security
practices; or
``(II) obtains and follows such procedural
direction from the applicable security officer
appointed under subsection (i).
``(B) Lack of procedural direction.--If an employee
seeks procedural direction under subparagraph (A)(ii)
and does not receive such procedural direction within
30 days, or receives insufficient direction to report
to Congress a complaint or information, the employee
may contact an intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following
the procedural direction otherwise required under such
subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) Committee members and staff.--An employee of an
element of the intelligence community who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Ranking
Member, as the case may be, of an intelligence committee or
another committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or information
under this section, or a member of the majority staff and a
member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (b) of such section is amended by adding
at the end the following:
``(4) Clarification of right to report directly to
congress.--Subject to paragraphs (2) and (3) of subsection (e),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress.''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
section 416(i) of title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
congressional intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee of jurisdiction directly as described in clause (i)
only if the employee--
``(aa) before making such a contact, furnishes to
the Director, through the Inspector General, a
statement of the employee's complaint or information
and notice of the employee's intent to contact a
congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly; and
``(bb)(AA) obtains and follows, from the Director,
through the Inspector General, procedural direction on
how to contact a congressional intelligence committee
or another committee of jurisdiction of the Senate or
the House of Representatives in accordance with
appropriate security practices; or
``(BB) obtains and follows such procedural
direction from the applicable security officer
appointed under section 416(i) of title 5, United
States Code.
``(II) If an employee seeks procedural direction
under subclause (I)(bb) and does not receive such
procedural direction within 30 days, or receives
insufficient direction to report to Congress a
complaint or information, the employee may contact a
congressional intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following
the procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Ranking Member, as the case may
be, of a congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or information
under this section, or a member of the majority staff and a
member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of'';
and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(I) in lieu of reporting such complaint or
information under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of 1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office of the
Inspector General security officers as required by section 416(i) of
title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee may
contact an intelligence committee or another committee of jurisdiction
directly as described in clause (i) only if the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House of
Representatives directly; and
``(bb)(AA) obtains and follows, from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives in accordance
with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 416(i)
of title 5, United States Code.
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction to
report to Congress a complaint or information, the employee may
contact an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives
directly without obtaining or following the procedural
direction otherwise required under such subclause.'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to Congress
a complaint or information may report such complaint or information to
the Chairman and Vice Chairman or Ranking Member, as the case may be,
of an intelligence committee or another committee of jurisdiction of
the Senate or the House of Representatives, a nonpartisan member of the
committee staff designated for purposes of receiving complaints or
information under this section, or a member of the majority staff and a
member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of'';
and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph (D), an
employee of the Agency who intends to report to Congress a complaint or
information may report such complaint or information directly to
Congress, regardless of whether the complaint or information is with
respect to an urgent concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an amendment
made by this section shall be construed to revoke or diminish any right
of an individual provided by section 2303 of title 5, United States
Code.
SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act of 1947
(50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) by inserting after subparagraph (I) the
following:
``(J) a knowing and willful disclosure revealing
the identity or other personally identifiable
information of an employee or contractor employee so as
to identify the employee or contractor employee as an
employee or contractor employee who has made a lawful
disclosure described in subsection (b) or (c); or'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Personnel Actions Involving Disclosure of Whistleblower
Identity.--A personnel action described in subsection (a)(3)(J) shall
not be considered to be in violation of subsection (b) or (c) under the
following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines that--
``(A) the personnel action was unavoidable under
section 103H(g)(3)(A) of this Act (50 U.S.C.
3033(g)(3)(A)), section 17(e)(3)(A) of the Central
Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(3)(A)), section 407(b) of title 5, United
States Code, or section 420(b)(2)(B) of such title;
``(B) the personnel action was made to an official
of the Department of Justice responsible for
determining whether a prosecution should be undertaken;
or
``(C) the personnel action was required by statute
or an order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section 1104 of
such Act (50 U.S.C. 3234) is amended by adding at the end the
following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes an
individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Harmonization of Enforcement.--Subsection (g) of such section,
as redesignated by subsection (a)(2) of this section, is amended to
read as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement of
this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.''.
SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY CLEARANCE
AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended
to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii),
in determining whether the adverse security
clearance or access determination violated
paragraph (1), the agency shall find that
paragraph (1) was violated if the individual
has demonstrated that a disclosure described in
paragraph (1) was a contributing factor in the
adverse security clearance or access
determination taken against the individual.
``(ii) Circumstantial evidence.--An
individual under clause (i) may demonstrate
that the disclosure was a contributing factor
in the adverse security clearance or access
determination taken against the individual
through circumstantial evidence, such as
evidence that--
``(I) the official making the
determination knew of the disclosure;
and
``(II) the determination occurred
within a period such that a reasonable
person could conclude that the
disclosure was a contributing factor in
the determination.
``(iii) Defense.--In determining whether
the adverse security clearance or access
determination violated paragraph (1), the
agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure
was a contributing factor, the agency
demonstrates by clear and convincing evidence
that it would have made the same security
clearance or access determination in the
absence of such disclosure.''.
SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR RETALIATORY
REVOCATION OF SECURITY CLEARANCES AND ACCESS
DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the
second sentence, by striking ``not to exceed $300,000''.
SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.
(a) Modification of Frequency of Whistleblower Notifications to
Inspector General of the Intelligence Community.--Section 5334(a) of
the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law
116-92; 50 U.S.C. 3033 note) is amended by striking ``in real time''
and inserting ``monthly''.
(b) Repeal of Requirement for Inspectors General Reviews of
Enhanced Personnel Security Programs.--
(1) In general.--Section 11001 of title 5, United States
Code, is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Technical corrections.--Subsection (d) of section 11001
of such title, as redesignated by paragraph (1)(B), is
amended--
(A) in paragraph (3), by adding ``and'' after the
semicolon at the end; and
(B) in paragraph (4), by striking ``; and'' and
inserting a period.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Classification Reform Act of
2023''.
SEC. 702. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' means any Executive agency
as defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Federal
Government that comes into the possession of classified
information.
(2) Classify, classified, classification.--The terms
``classify'', ``classified'', and ``classification'' refer to
the process by which information is determined to require
protection from unauthorized disclosure pursuant to Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or previous and successor
executive orders or similar directives, or section 703 in order
to protect the national security of the United States.
(3) Classified information.--The term ``classified
information'' means information that has been classified under
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or previous and
successor executive orders or similar directives, or section
703.
(4) Declassify, declassified, declassification.--The terms
``declassify'', ``declassified'', and ``declassification''
refer to the process by which information that has been
classified is determined to no longer require protection from
unauthorized disclosure pursuant to Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information), or previous and successor executive orders or
similar directives, or section 703.
(5) Information.--The term ``information'' means any
knowledge that can be communicated, or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of the
United States Government.
SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--The President may, in accordance with this
section, protect from unauthorized disclosure any information owned by,
produced by or for, or under the control of the executive branch of the
Federal Government when there is a demonstrable need to do so in order
to protect the national security of the United States.
(b) Establishment of Standards and Procedures for Classification
and Declassification.--
(1) Governmentwide procedures.--
(A) Classification.--The President shall, to the
extent necessary, establish categories of information
that may be classified and procedures for classifying
information under subsection (a).
(B) Declassification.--At the same time the
President establishes categories and procedures under
subparagraph (A), the President shall establish
procedures for declassifying information that was
previously classified.
(C) Minimum requirements.--The procedures
established pursuant to subparagraphs (A) and (B)
shall--
(i) provide that information may be
classified under this section, and may remain
classified under this section, only if the harm
to national security that might reasonably be
expected from disclosure of such information
outweighs the public interest in disclosure of
such information;
(ii) establish standards and criteria for
the classification of information;
(iii) establish standards, criteria, and
timelines for the declassification of
information classified under this section;
(iv) provide for the automatic
declassification of classified records with
permanent historical value;
(v) provide for the timely review of
materials submitted for pre-publication;
(vi) narrow the criteria for classification
set forth under section 1.4 of Executive Order
13526 (50 U.S.C. 3161 note; relating to
classified national security information), as
in effect on the day before the date of the
enactment of this Act;
(vii) narrow the exemptions from automatic
declassification set forth under section 3.3(b)
of Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security
information), as in effect on the day before
the date of the enactment of this Act;
(viii) provide a clear and specific
definition of ``harm to national security'' as
it pertains to clause (i); and
(ix) provide a clear and specific
definition of ``intelligence sources and
methods'' as it pertains to the categories and
procedures under subparagraph (A).
(2) Agency standards and procedures.--
(A) In general.--The head of each agency shall
establish a single set of consolidated standards and
procedures to permit such agency to classify and
declassify information created by such agency in
accordance with the categories and procedures
established by the President under this section and
otherwise to carry out this section.
(B) Submittal to congress.--Each agency head shall
submit to Congress the standards and procedures
established by such agency head under subparagraph (A).
(c) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5,
United States Code, is amended to read as follows:
``(1)(A) specifically authorized to be classified under
section 703 of the Intelligence Authorization Act for Fiscal
Year 2024, or specifically authorized under criteria
established by an Executive order to be kept secret in the
interest of national security; and
``(B) are in fact properly classified pursuant to that
section or Executive order;''.
(d) Effective Date.--
(1) In general.--Subsections (a) and (b) shall take effect
on the date that is 180 days after the date of the enactment of
this Act.
(2) Relation to presidential directives.--Presidential
directives regarding classifying, safeguarding, and
declassifying national security information, including
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor order,
in effect on the day before the date of the enactment of this
Act, as well as procedures issued pursuant to such Presidential
directives, shall remain in effect until superseded by
procedures issues pursuant to subsection (b).
SEC. 704. TRANSPARENCY OFFICERS.
(a) Designation.--The Attorney General, the Secretary of Defense,
the Secretary of State, the Secretary of the Treasury, the Secretary of
Health and Human Services, the Secretary of Homeland Security, the
Director of National Intelligence, the Director of the Central
Intelligence Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, and the head of any
other department, agency, or element of the executive branch of the
Federal Government determined by the Privacy and Civil Liberties
Oversight Board established by section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) to be
appropriate for coverage under this section, shall each designate at
least 1 senior officer to serve as the principal advisor to assist such
head of a department, agency, or element and other officials of the
department, agency, or element of the head in identifying records of
significant public interest and prioritizing appropriate review of such
records in order to facilitate the public disclosure of such records in
redacted or unredacted form.
(b) Determining Public Interest in Disclosure.--In assisting the
head of a department, agency, or element and other officials of such
department, agency, or element in identifying records of significant
public interest under subsection (a), the senior officer designated by
the head under such subsection shall consider whether--
(1) or not disclosure of the information would better
enable United States citizens to hold Federal Government
officials accountable for their actions and policies;
(2) or not disclosure of the information would assist the
United States criminal justice system in holding persons
responsible for criminal acts or acts contrary to the
Constitution;
(3) or not disclosure of the information would assist
Congress or any committee or subcommittee thereof, in carrying
out its oversight responsibilities with regard to the executive
branch of the Federal Government or in adequately informing
itself of executive branch policies and activities in order to
carry out its legislative responsibilities;
(4) the disclosure of the information would assist Congress
or the public in understanding the interpretation of the
Federal Government of a provision of law, including Federal
regulations, Presidential directives, statutes, case law, and
the Constitution of the United States; or
(5) or not disclosure of the information would bring about
any other significant benefit, including an increase in public
awareness or understanding of Government activities or an
enhancement of Federal Government efficiency.
(c) Periodic Reports.--
(1) In general.--Each senior officer designated under
subsection (a) shall periodically, but not less frequently than
annually, submit a report on the activities of the officer,
including the documents determined to be in the public interest
for disclosure under subsection (b), to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate;
(B) the Committee on Oversight and Government
Reform and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(C) the head of the department, agency, or element
of the senior officer.
(2) Form.--Each report submitted pursuant to paragraph (1)
shall be submitted, to the greatest extent possible, in
unclassified form, with a classified annex as may be necessary.
Subtitle B--Sensible Classification Act of 2023
SEC. 711. SHORT TITLE.
This subtitle may be cited as the ``Sensible Classification Act of
2023''.
SEC. 712. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(3) Classified information.--The term ``classified
information'' means information that has been determined
pursuant to Executive Order 12958 (50 U.S.C. 3161 note;
relating to classified national security information), or
successor order, to require protection against unauthorized
disclosure and is marked to indicate its classified status when
in documentary form.
(4) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(5) Document.--The term ``document'' means any recorded
information, regardless of the nature of the medium or the
method or circumstances of recording.
(6) Downgrade.--The term ``downgrade'' means a
determination by a declassification authority that information
classified and safeguarded at a specified level shall be
classified and safeguarded at a lower level.
(7) Information.--The term ``information'' means any
knowledge that can be communicated or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of the
United States Government.
(8) Originate, originating, and originated.--The term
``originate'', ``originating'', and ``originated'', with
respect to classified information and an authority, means the
authority that classified the information in the first
instance.
(9) Records.--The term ``records'' means the records of an
agency and Presidential papers or Presidential records, as
those terms are defined in title 44, United States Code,
including those created or maintained by a government
contractor, licensee, certificate holder, or grantee that are
subject to the sponsoring agency's control under the terms of
the contract, license, certificate, or grant.
(10) Security clearance.--The term ``security clearance''
means an authorization to access classified information.
(11) Unauthorized disclosure.--The term ``unauthorized
disclosure'' means a communication or physical transfer of
classified information to an unauthorized recipient.
(12) Unclassified information.--The term ``unclassified
information'' means information that is not classified
information.
SEC. 713. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--The Senate makes the following findings:
(1) According to a report released by the Office of the
Director of Intelligence in 2020 titled ``Fiscal Year 2019
Annual Report on Security Clearance Determinations'', more than
4,000,000 individuals have been granted eligibility for a
security clearance.
(2) At least 1,300,000 of such individuals have been
granted access to information classified at the Top Secret
level.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the classification system of the Federal Government is
in urgent need of reform;
(2) the number of people with access to classified
information is exceedingly high and must be justified or
reduced;
(3) reforms are necessary to reestablish trust between the
Federal Government and the people of the United States; and
(4) classification should be limited to the minimum
necessary to protect national security while balancing the
public's interest in disclosure.
SEC. 714. CLASSIFICATION AUTHORITY.
(a) In General.--The authority to classify information originally
may be exercised only by--
(1) the President and, in the performance of executive
duties, the Vice President;
(2) the head of an agency or an official of any agency
authorized by the President pursuant to a designation of such
authority in the Federal Register; and
(3) an official of the Federal Government to whom authority
to classify information originally has been delegated pursuant
to subsection (c).
(b) Scope of Authority.--An individual authorized by this section
to classify information originally at a specified level may also
classify the information originally at a lower level.
(c) Delegation of Original Classification Authority.--An official
of the Federal Government may be delegated original classification
authority subject to the following:
(1) Delegation of original classification authority shall
be limited to the minimum required to administer this section.
Agency heads shall be responsible for ensuring that designated
subordinate officials have a demonstrable and continuing need
to exercise this authority.
(2) Authority to originally classify information at the
level designated as ``Top Secret'' may be delegated only by the
President, in the performance of executive duties, the Vice
President, or an agency head or official designated pursuant to
subsection (a)(2).
(3) Authority to originally classify information at the
level designated as ``Secret'' or ``Confidential'' may be
delegated only by the President, in the performance of
executive duties, the Vice President, or an agency head or
official designated pursuant to subsection (a)(2), or the
senior agency official described in section 5.4(d) of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, provided
that official has been delegated ``Top Secret'' original
classification authority by the agency head.
(4) Each delegation of original classification authority
shall be in writing and the authority shall not be redelegated
except as provided by paragraphs (1), (2), and (3). Each
delegation shall identify the official by name or position
title.
(d) Training Required.--
(1) In general.--An individual may not be delegated
original classification authority under this section unless the
individual has first received training described in paragraph
(2).
(2) Training described.--Training described in this
paragraph is training on original classification that includes
instruction on the proper safeguarding of classified
information and of the criminal, civil, and administrative
sanctions that may be brought against an individual who fails
to protect classified information from unauthorized disclosure.
(e) Exceptional Cases.--
(1) In general.--When an employee, contractor, licensee,
certificate holder, or grantee of an agency who does not have
original classification authority originates information
believed by that employee, contractor, licensee, certificate
holder, or grantee to require classification, the information
shall be protected in a manner consistent with Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national
security information), or successor order.
(2) Transmittal.--An employee, contractor, licensee,
certificate holder, or grantee described in paragraph (1), who
originates information described in such paragraph, shall
promptly transmit such information to--
(A) the agency that has appropriate subject matter
interest and classification authority with respect to
this information; or
(B) if it is not clear which agency has appropriate
subject matter interest and classification authority
with respect to the information, the Director of the
Information Security Oversight Office.
(3) Agency decisions.--An agency that receives information
pursuant to paragraph (2)(A) or (4) shall decide within 30 days
whether to classify this information.
(4) Information security oversight office action.--If the
Director of the Information Security Oversight Office receives
information under paragraph (2)(B), the Director shall
determine the agency having appropriate subject matter interest
and classification authority and forward the information, with
appropriate recommendations, to that agency for a
classification determination.
SEC. 715. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.
(a) In General.--Whenever an agency is processing a request
pursuant to section 552 of title 5, United States Code (commonly known
as the ``Freedom of Information Act'') or the mandatory
declassification review provisions of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information), or
successor order, and identifies responsive classified records that are
more than 25 years of age as of December 31 of the year in which the
request is received, the head of the agency shall review the record and
process the record for declassification and release by the National
Declassification Center of the National Archives and Records
Administration.
(b) Application.--Subsection (a) shall apply--
(1) regardless of whether or not the record described in
such subsection is in the legal custody of the National
Archives and Records Administration; and
(2) without regard for any other provisions of law or
existing agreements or practices between agencies.
SEC. 716. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.
(a) Definitions.--In this section:
(1) Over-classification.--The term ``over-classification''
means classification at a level that exceeds the minimum level
of classification that is sufficient to protect the national
security of the United States.
(2) Sensible classification.--The term ``sensible
classification'' means classification at a level that is the
minimum level of classification that is sufficient to protect
the national security of the United States.
(b) Training Required.--Each head of an agency with classification
authority shall conduct training for employees of the agency with
classification authority to discourage over-classification and to
promote sensible classification.
SEC. 717. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 703 of the Public Interest Declassification Act of 2000 (50
U.S.C. 3355a) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) A member of the Board whose term has expired may continue to
serve until a successor is appointed and sworn in.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee'';
and
(B) by adding at the end the following:
``(2)(A) In addition to any employees detailed to the Board under
paragraph (1), the Board may hire not more than 12 staff members.
``(B) There are authorized to be appropriated to carry out
subparagraph (A) such sums as are necessary for fiscal year 2024 and
each fiscal year thereafter.''.
SEC. 718. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Office of Electronic
Government (in this section referred to as the ``Administrator'')
shall, in consultation with the Secretary of Defense, the Director of
the Central Intelligence Agency, the Director of National Intelligence,
the Public Interest Declassification Board, the Director of the
Information Security Oversight Office, and the head of the National
Declassification Center of the National Archives and Records
Administration--
(1) research a technology-based solution--
(A) utilizing machine learning and artificial
intelligence to support efficient and effective systems
for classification and declassification; and
(B) to be implemented on an interoperable and
federated basis across the Federal Government; and
(2) submit to the President a recommendation regarding a
technology-based solution described in paragraph (1) that
should be adopted by the Federal Government.
(b) Staff.--The Administrator may hire sufficient staff to carry
out subsection (a).
(c) Report.--Not later than 540 days after the date of the
enactment of this Act, the President shall submit to Congress a
classified report on the technology-based solution recommended by the
Administrator under subsection (a)(2) and the President's decision
regarding its adoption.
SEC. 719. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY
CLEARANCES.
(a) Agency Studies on Necessity of Security Clearances.--
(1) Studies required.--The head of each agency that grants
security clearances to personnel of such agency shall conduct a
study on the necessity of such clearances.
(2) Reports required.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, each head of an
agency that conducts a study under paragraph (1) shall
submit to Congress a report on the findings of the
agency head with respect to such study, which the
agency head may classify as appropriate.
(B) Required elements.--Each report submitted by
the head of an agency under subparagraph (A) shall
include, for such agency, the following:
(i) The number of personnel eligible for
access to information up to the ``Top Secret''
level.
(ii) The number of personnel eligible for
access to information up to the ``Secret''
level.
(iii) Information on any reduction in the
number of personnel eligible for access to
classified information based on the study
conducted under paragraph (1).
(iv) A description of how the agency head
will ensure that the number of security
clearances granted by such agency will be kept
to the minimum required for the conduct of
agency functions, commensurate with the size,
needs, and mission of the agency.
(3) Industry.--This subsection shall apply to the Secretary
of Defense in the Secretary's capacity as the Executive Agent
for the National Industrial Security Program, and the Secretary
shall treat contractors, licensees, and grantees as personnel
of the Department of Defense for purposes of the studies and
reports required by this subsection.
(b) Director of National Intelligence Review of Sensitive
Compartmented Information.--The Director of National Intelligence
shall--
(1) review the number of personnel eligible for access to
sensitive compartmented information; and
(2) submit to Congress a report on how the Director will
ensure that the number of such personnel is limited to the
minimum required.
(c) Agency Review of Special Access Programs.--Each head of an
agency who is authorized to establish a special access program by
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, shall--
(1) review the number of personnel of the agency eligible
for access to such special access programs; and
(2) submit to Congress a report on how the agency head will
ensure that the number of such personnel is limited to the
minimum required.
(d) Secretary of Energy Review of Q and L Clearances.--The
Secretary of Energy shall--
(1) review the number of personnel of the Department of
Energy granted Q and L access; and
(2) submit to Congress a report on how the Secretary will
ensure that the number of such personnel is limited to the
minimum required
(e) Independent Reviews.--Not later than 180 days after the date on
which a study is completed under subsection (a) or a review is
completed under subsections (b) through (d), the Director of the
Information Security Oversight Office of the National Archives and
Records Administration, the Director of National Intelligence, and the
Public Interest Declassification Board shall each review the study or
review, as the case may be.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES FOR
PERSONNEL VETTING.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a review of the extent
to which the intelligence community can use information technology
services shared among the intelligence community for purposes of
personnel vetting, including with respect to human resources,
suitability, and security.
SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF TRUST FOR
PERSONNEL VETTING.
(a) Timeliness Standard.--
(1) In general.--The President shall, acting through the
Security Executive Agent and the Suitability and Credentialing
Executive Agent, establish and publish in such public venue as
the President considers appropriate, new timeliness performance
standards for processing personnel vetting trust determinations
in accordance with the Federal personnel vetting performance
management standards.
(2) Quinquennial reviews.--Not less frequently than once
every 5 years, the President shall, acting through the Security
Executive Agent and the Suitability and Credentialing Executive
Agent--
(A) review the standards established pursuant to
paragraph (1); and
(B) pursuant to such review--
(i) update such standards as the President
considers appropriate; and
(ii) publish in the Federal Register such
updates as may be made pursuant to clause (i).
(3) Conforming amendment.--Section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is
amended by striking subsection (g).
(b) Quarterly Reports on Implementation.--
(1) In general.--Not less frequently than quarterly, the
Security Executive Agent and the Suitability and Credentialing
Executive Agent shall jointly make available to the public a
quarterly report on the compliance of Executive agencies (as
defined in section 105 of title 5, United States Code) with the
standards established pursuant to subsection (a).
(2) Disaggregation.--Each report made available pursuant to
paragraph (1) shall disaggregate, to the greatest extent
practicable, data by appropriate category of personnel risk and
between Government and contractor personnel.
(c) Complementary Standards for Intelligence Community.--The
Director of National Intelligence may, in consultation with the
Security, Suitability, and Credentialing Performance Accountability
Council established pursuant to Executive Order 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability for
Government employment, fitness for contractor employees, and
eligibility for access to classified national security information)
establish for the intelligence community standards complementary to
those established pursuant to subsection (a).
SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST DETERMINATIONS.
(a) Definition of Personnel Vetting Trust Determination.--In this
section, the term ``personnel vetting trust determination'' means any
determination made by an executive branch agency as to whether an
individual can be trusted to perform job functions or to be granted
access necessary for a position.
(b) Annual Report.--Not later than March 30, 2024, and annually
thereafter for 5 years, the Director of National Intelligence, acting
as the Security Executive Agent, and the Director of the Office of
Personnel Management, acting as the Suitability and Credentialing
Executive Agent, in coordination with the Security, Suitability, and
Credentialing Performance Accountability Council, shall jointly make
available to the public a report on specific types of personnel vetting
trust determinations made during the fiscal year preceding the fiscal
year in which the report is made available, disaggregated, to the
greatest extent possible, by the following:
(1) Determinations of eligibility for national security-
sensitive positions, separately noting--
(A) the number of individuals granted access to
national security information; and
(B) the number of individuals determined to be
eligible for but not granted access to national
security information.
(2) Determinations of suitability or fitness for a public
trust position.
(3) Status as a Government employee, a contractor employee,
or other category.
(c) Elimination of Report Requirement.--Section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341) is amended by striking subsection (h).
SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF TRUSTED
WORKFORCE 2.0.
Not later than 1 year after the date of the enactment of this Act,
and once every 2 years thereafter until 2029, the Comptroller General
of the United States shall administer a survey to such sample of
Federal agencies, Federal contractors, and other persons that require
security clearances to access classified information as the Comptroller
General considers appropriate to assess--
(1) the strengths and weaknesses of the implementation of
the Trusted Workforce 2.0 initiative; and
(2) the effectiveness of vetting Federal personnel while
managing risk during the onboarding of such personnel.
SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO CLASSIFIED
INFORMATION SOLELY BECAUSE OF PAST USE OF CANNABIS.
(a) Definitions.--In this section:
(1) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(2) Eligibility for access to classified information.--The
term ``eligibility for access to classified information'' has
the meaning given the term in the procedures established
pursuant to section 801(a) of the National Security Act of 1947
(50 U.S.C. 3161(a)).
(b) Prohibition.--Notwithstanding any other provision of law, the
head of an element of the intelligence community may not make a
determination to deny eligibility for access to classified information
to an individual based solely on the use of cannabis by the individual
prior to the submission of the application for a security clearance by
the individual.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY THE CENTRAL
INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO THE BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a
fiscal year may be made using any funds--
``(i) appropriated in advance specifically
for payments under such paragraph; or
``(ii) reprogrammed in accordance with
section 504 of the National Security Act of
1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director
shall include with the budget justification materials
submitted to Congress in support of the budget of the
President for that fiscal year pursuant to section
1105(a) of title 31, United States Code, an estimate of
the funds required in that fiscal year to make payments
under paragraph (2).''.
SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN BENEFITS
RELATING TO INJURIES TO THE BRAIN.
(a) In General.--Section 19A(d)(5) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is amended--
(1) by striking ``Payments made'' and inserting the
following:
``(A) In general.--Payments made''; and
(2) by adding at the end the following:
``(B) Relation to certain federal workers
compensation laws.--Without regard to the requirements
in sections (b) and (c), covered employees need not
first seek benefits provided under chapter 81 of title
5, United States Code, to be eligible solely for
payment authorized under paragraph (2) of this
subsection.''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) revise applicable regulations to conform with the
amendment made by subsection (a); and
(2) submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives copies of
such regulations, as revised pursuant to paragraph (1).
SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT OF 2021
AUTHORITIES.
(a) Regulations.--Except as provided in subsection (c), not later
than 180 days after the date of the enactment of this Act, each head of
an element of the intelligence community that has not already done so
shall--
(1) issue regulations and procedures to implement the
authorities provided by section 19A(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and
section 901(i) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to
provide payments under such sections, to the degree that such
authorities are applicable to the head of the element; and
(2) submit to the congressional intelligence, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives committees
copies of such regulations.
(b) Reporting.--Not later than 210 days after the date of the
enactment of this Act, each head of an element of the intelligence
community shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on--
(1) the estimated number of individuals associated with
their element that may be eligible for payment under the
authorities described in subsection (a)(1);
(2) an estimate of the obligation that the head of the
intelligence community element expects to incur in fiscal year
2025 as a result of establishing the regulations pursuant to
subsection (a)(1); and
(3) any perceived barriers or concerns in implementing such
authorities.
(c) Alternative Reporting.--Not later than 180 days after the date
of the enactment of this Act, each head of an element of the
intelligence community (other than the Director of the Central
Intelligence Agency) who believes that the authorities described in
subsection (a)(1) are not currently relevant for individuals associated
with their element, or who are not otherwise in position to issue the
regulations and procedures required by subsection (a)(1) shall provide
written and detailed justification to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives to explain
this position.
SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY HANDLING
OF ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Central
Intelligence Agency.
(2) Qualifying injury.--The term ``qualifying injury'' has
the meaning given such term in section 19A(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).
(b) In General.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the congressional intelligence committees a report on
the handling of anomalous health incidents by the Agency.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) HAVANA act implementation.--
(A) An explanation of how the Agency determines
whether a reported anomalous health incident resulted
in a qualifying injury or a qualifying injury to the
brain.
(B) The number of participants of the Expanded Care
Program of the Central Intelligence Agency who--
(i) have a certified qualifying injury or a
certified qualifying injury to the brain; and
(ii) as of September 30, 2023, applied to
the Expanded Care Program due to a reported
anomalous health incident.
(C) A comparison of the number of anomalous health
incidents reported by applicants to the Expanded Care
Program that occurred in the United States and that
occurred in a foreign country.
(D) The specific reason each applicant was approved
or denied for payment under the Expanded Care Program.
(E) The number of applicants who were initially
denied payment but were later approved on appeal.
(F) The average length of time, from the time of
application, for an applicant to receive a
determination from the Expanded Care Program,
aggregated by qualifying injuries and qualifying
injuries to the brain.
(2) Priority cases.--
(A) A detailed list of priority cases of anomalous
health incidents, including, for each incident,
locations, dates, times, and circumstances.
(B) For each priority case listed in accordance
with subparagraph (A), a detailed explanation of each
credible alternative explanation that the Agency
assigned to the incident, including--
(i) how the incident was discovered;
(ii) how the incident was assigned within
the Agency; and
(iii) whether an individual affected by the
incident is provided an opportunity to appeal
the credible alternative explanation.
(C) For each priority case of an anomalous health
incident determined to be largely consistent with the
definition of ``anomalous health incident'' established
by the National Academy of Sciences and for which the
Agency does not have a credible alternative
explanation, a detailed description of such case.
(3) Anomalous health incident sensors.--
(A) A list of all types of sensors that the Agency
has developed or deployed with respect to reports of
anomalous health incidents, including, for each type of
sensor, the deployment location, the date and the
duration of the employment of such type of sensor, and,
if applicable, the reason for removal.
(B) A list of entities to which the Agency has
provided unrestricted access to data associated with
anomalous health incidents.
(C) A list of requests for support the Agency has
received from elements of the Federal Government
regarding sensor development, testing, or deployment,
and a description of the support provided in each case.
(D) A description of all emitter signatures
obtained by sensors associated with anomalous health
incidents in Agency holdings since 2016, including--
(i) the identification of any of such
emitters that the Agency prioritizes as a
threat; and
(ii) an explanation of such prioritization.
(d) Additional Submissions.--Concurrent with the submission of the
report required by subsection (b), the Director of the Central
Intelligence Agency shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives--
(1) a template of each form required to apply for the
Expanded Care Program, including with respect to payments for a
qualifying injury or a qualifying injury to the brain;
(2) copies of internal guidance used by the Agency to
adjudicate claims for the Expanded Care Program, including with
respect to payments for a qualifying injury to the brain;
(3) the case file of each applicant to the Expanded Care
Program who applied due to a reported anomalous health
incident, including supporting medical documentation, with name
and other identifying information redacted;
(4) copies of all informational and instructional materials
provided to employees of and other individuals affiliated with
the Agency with respect to applying for the Expanded Care
Program; and
(5) copies of Agency guidance provided to employees of and
other individuals affiliated with the Agency with respect to
reporting and responding to a suspected anomalous health
incident, and the roles and responsibilities of each element of
the Agency tasked with responding to a report of an anomalous
health incident.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall brief the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives on the report.
TITLE X--ELECTION SECURITY
SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD RESPECT FOR
ELECTIONS THROUGH INDEPENDENT TESTING ACT OF 2023.
(a) Requiring Penetration Testing as Part of the Testing and
Certification of Voting Systems.--Section 231 of the Help America Vote
Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the
following new subsection:
``(e) Required Penetration Testing.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Commission shall
provide for the conduct of penetration testing as part of the
testing, certification, decertification, and recertification of
voting system hardware and software by accredited laboratories
under this section.
``(2) Accreditation.--The Director of the National
Institute of Standards and Technology shall recommend to the
Commission entities the Director proposes be accredited to
carry out penetration testing under this subsection and certify
compliance with the penetration testing-related guidelines
required by this subsection. The Commission shall vote on the
accreditation of any entity recommended. The requirements for
such accreditation shall be a subset of the requirements for
accreditation of laboratories under subsection (b) and shall
only be based on consideration of an entity's competence to
conduct penetration testing under this subsection.''.
(b) Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding
at the end the following new part:
``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS
``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION
SYSTEMS.
``(a) In General.--
``(1) Establishment.--The Commission, in consultation with
the Secretary, shall establish an Independent Security Testing
and Coordinated Vulnerability Disclosure Pilot Program for
Election Systems (VDP-E) (in this section referred to as the
`program') in order to test for and disclose cybersecurity
vulnerabilities in election systems.
``(2) Duration.--The program shall be conducted for a
period of 5 years.
``(3) Requirements.--In carrying out the program, the
Commission, in consultation with the Secretary, shall--
``(A) establish a mechanism by which an election
systems vendor may make their election system
(including voting machines and source code) available
to cybersecurity researchers participating in the
program;
``(B) provide for the vetting of cybersecurity
researchers prior to their participation in the
program, including the conduct of background checks;
``(C) establish terms of participation that--
``(i) describe the scope of testing
permitted under the program;
``(ii) require researchers to--
``(I) notify the vendor, the
Commission, and the Secretary of any
cybersecurity vulnerability they
identify with respect to an election
system; and
``(II) otherwise keep such
vulnerability confidential for 180 days
after such notification;
``(iii) require the good faith
participation of all participants in the
program;
``(iv) require an election system vendor,
within 180 days after validating notification
of a critical or high vulnerability (as defined
by the National Institute of Standards and
Technology) in an election system of the
vendor, to--
``(I) send a patch or propound some
other fix or mitigation for such
vulnerability to the appropriate State
and local election officials, in
consultation with the researcher who
discovered it; and
``(II) notify the Commission and
the Secretary that such patch has been
sent to such officials;
``(D) in the case where a patch or fix to address a
vulnerability disclosed under subparagraph (C)(ii)(I)
is intended to be applied to a system certified by the
Commission, provide--
``(i) for the expedited review of such
patch or fix within 90 days after receipt by
the Commission; and
``(ii) if such review is not completed by
the last day of such 90 day period, that such
patch or fix shall be deemed to be certified by
the Commission, subject to any subsequent
review of such determination by the Commission;
and
``(E) 180 days after the disclosure of a
vulnerability under subparagraph (C)(ii)(I), notify the
Director of the Cybersecurity and Infrastructure
Security Agency of the vulnerability for inclusion in
the database of Common Vulnerabilities and Exposures.
``(4) Voluntary participation; safe harbor.--
``(A) Voluntary participation.--Participation in
the program shall be voluntary for election systems
vendors and researchers.
``(B) Safe harbor.--When conducting research under
this program, such research and subsequent publication
shall be considered to be:
``(i) Authorized in accordance with section
1030 of title 18, United States Code (commonly
known as the `Computer Fraud and Abuse Act'),
(and similar state laws), and the election
system vendor will not initiate or support
legal action against the researcher for
accidental, good faith violations of the
program.
``(ii) Exempt from the anti-circumvention
rule of section 1201 of title 17, United States
Code (commonly known as the `Digital Millennium
Copyright Act'), and the election system vendor
will not bring a claim against a researcher for
circumvention of technology controls.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to limit or otherwise affect
any exception to the general prohibition against the
circumvention of technological measures under
subparagraph (A) of section 1201(a)(1) of title 17,
United States Code, including with respect to any use
that is excepted from that general prohibition by the
Librarian of Congress under subparagraphs (B) through
(D) of such section 1201(a)(1).
``(5) Exempt from disclosure.--Cybersecurity
vulnerabilities discovered under the program shall be exempt
from section 552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act).
``(6) Definitions.--In this subsection:
``(A) Cybersecurity vulnerability.--The term
`cybersecurity vulnerability' means, with respect to an
election system, any security vulnerability that
affects the election system.
``(B) Election infrastructure.--The term `election
infrastructure' means--
``(i) storage facilities, polling places,
and centralized vote tabulation locations used
to support the administration of elections for
public office; and
``(ii) related information and
communications technology, including--
``(I) voter registration databases;
``(II) election management systems;
``(III) voting machines;
``(IV) electronic mail and other
communications systems (including
electronic mail and other systems of
vendors who have entered into contracts
with election agencies to support the
administration of elections, manage the
election process, and report and
display election results); and
``(V) other systems used to manage
the election process and to report and
display election results on behalf of
an election agency.
``(C) Election system.--The term `election system'
means any information system that is part of an
election infrastructure, including any related
information and communications technology described in
subparagraph (B)(ii).
``(D) Election system vendor.--The term `election
system vendor' means any person providing, supporting,
or maintaining an election system on behalf of a State
or local election official.
``(E) Information system.--The term `information
system' has the meaning given the term in section 3502
of title 44, United States Code.
``(F) Secretary.--The term `Secretary' means the
Secretary of Homeland Security.
``(G) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in
section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501).''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``PART 7--Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems
``Sec. 297. Independent security testing and coordinated cybersecurity
vulnerability disclosure program for
election systems.''.
TITLE XI--OTHER MATTERS
SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY
RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a)
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263), is amended--
(1) in the heading, by striking ``Director of national
intelligence and secretary of defense'' and inserting ``All-
domain anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National
Intelligence and the Secretary of Defense shall jointly'' and
inserting ``Director of the Office shall''.
SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS
PHENOMENA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(3) Director.--The term ``Director'' means the Director of
the All-domain Anomaly Resolution Office.
(4) Unidentified anomalous phenomena.--The term
``unidentified anomalous phenomena'' has the meaning given such
term in section 1683(n) of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by
section 6802(a) of the Intelligence Authorization Act for
Fiscal Year 2023 (Public Law 117-263).
(b) Sense of Congress.--It is the sense of Congress that, due to
the increasing potential for technology surprise from foreign
adversaries and to ensure sufficient integration across the United
States industrial base and avoid technology and security stovepipes--
(1) the United States industrial base must retain its
global lead in critical advanced technologies; and
(2) the Federal Government must expand awareness about any
historical exotic technology antecedents previously provided by
the Federal Government for research and development purposes.
(c) Limitations.--No amount authorized to be appropriated by this
Act may be obligated or expended, directly or indirectly, in part or in
whole, for, on, in relation to, or in support of activities involving
unidentified anomalous phenomena protected under any form of special
access or restricted access limitations that have not been formally,
officially, explicitly, and specifically described, explained, and
justified to the appropriate committees of Congress, congressional
leadership, and the Director, including for any activities relating to
the following:
(1) Recruiting, employing, training, equipping, and
operations of, and providing security for, government or
contractor personnel with a primary, secondary, or contingency
mission of capturing, recovering, and securing unidentified
anomalous phenomena craft or pieces and components of such
craft.
(2) Analyzing such craft or pieces or components thereof,
including for the purpose of determining properties, material
composition, method of manufacture, origin, characteristics,
usage and application, performance, operational modalities, or
reverse engineering of such craft or component technology.
(3) Managing and providing security for protecting
activities and information relating to unidentified anomalous
phenomena from disclosure or compromise.
(4) Actions relating to reverse engineering or replicating
unidentified anomalous phenomena technology or performance
based on analysis of materials or sensor and observational
information associated with unidentified anomalous phenomena.
(5) The development of propulsion technology, or aerospace
craft that uses propulsion technology, systems, or subsystems,
that is based on or derived from or inspired by inspection,
analysis, or reverse engineering of recovered unidentified
anomalous phenomena craft or materials.
(6) Any aerospace craft that uses propulsion technology
other than chemical propellants, solar power, or electric ion
thrust.
(d) Notification and Reporting.--Any person currently or formerly
under contract with the Federal Government that has in their possession
material or information provided by or derived from the Federal
Government relating to unidentified anomalous phenomena that formerly
or currently is protected by any form of special access or restricted
access shall--
(1) not later than 60 days after the date of the enactment
of this Act, notify the Director of such possession; and
(2) not later than 180 days after the date of the enactment
of this Act, make available to the Director for assessment,
analysis, and inspection--
(A) all such material and information; and
(B) a comprehensive list of all non-earth origin or
exotic unidentified anomalous phenomena material.
(e) Liability.--No criminal or civil action may lie or be
maintained in any Federal or State court against any person for
receiving material or information described in subsection (d) if that
person complies with the notification and reporting provisions
described in such subsection.
(f) Limitation Regarding Independent Research and Development.--
(1) In general.--Consistent with Department of Defense
Instruction Number 3204.01 (dated August 20, 2014,
incorporating change 2, dated July 9, 2020; relating to
Department policy for oversight of independent research and
development), independent research and development funding
relating to material or information described in subsection (c)
shall not be allowable as indirect expenses for purposes of
contracts covered by such instruction, unless such material and
information is made available to the Director in accordance
with subsection (d).
(2) Effective date and applicability.--Paragraph (1) shall
take effect on the date that is 60 days after the date of the
enactment of this Act and shall apply with respect to funding
from amounts appropriated before, on, or after such date.
(g) Notice to Congress.--Not later than 30 days after the date on
which the Director has received a notification under paragraph (1) of
subsection (d) or information or material under paragraph (2) of such
subsection, the Director shall provide written notification of such
receipt to the appropriate committees of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Oversight and Accountability of the House of Representatives, and
congressional leadership.
Passed the Senate July 27, 2023.
Attest:
Secretary.
118th CONGRESS
1st Session
S. 2226
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2024 for military
activities of the Department of Defense for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.